LIBRARY 

OF  THE 

University  of  California. 

GIFT  OF 

W?0-AA/Vv^                 ^wAj\AA^-r". 

Class 

' 

' 

Digitized  by  tine  Internet  Arciiive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


littp://www.arcliive.org/details/centralizationofOOortliricli 


THE 

CENTRALIZATION  OF  ADMINISTRATION 
IN  OHIO 


BY 


SAMUEL  P.  ORTH,  B.  S. 

University  Fellow  in  Administration 


SUBMITTED     IN    PARTIAL    FULFILMENT    OF    THE    REQUIREMENTS 

FOR   THE    DEGREE   OF  DOCTOR   OF  PHILOSOPHY 

IN   THE 

Faculty  of  Political  SasNCE 

OF 

Columbia  University 


•flew  l^orh 

1903 


THE 

CENTRALIZATION  OF  ADMINISTRATION 
IN  OHIO 


BY 


SAMUEL  P.  ORTH,  B.  S. 

University  Fellow  in  Administration 


SUBMITTED     IN    PARTUL    FULFILMENT    OF    THE    REQUIREMENTS 
FOR   THE    DEGREE   OF  DOCTOR  OF  PHILOSOPHY 

IN  THE 

Faculty  of  Political  Soence 

OF 

Columbia  University 


View  l^orft 

1903 


er^ 


ji^^fifc 


1^/ 


TABLE  OF  CONTENTS 


INTRODUCTION 

PACB 

I.  Historical  statement »...  ll 

3.  Traditions  against  centralization II 

3.  Relation  of  governor  to  local  units la 

4.  Municipal  government  previous  to  1902 13 

5.  Municipal  government  under  the  new  code 1 8 

6.  Movement  toward  centralization  in  recent  years ao 

7.  Object  and  outline  of  this  inquiry 21 

CHAPTER    I 

Public  Education 

L  The  Public  School  System 23 

I.  Introductory  statement 23 

3.  The  School  Lands 24 

a.  Their  distribution 24 

(1)  "Section  Sixteen" 24 

(2)  "  The  Connecticut  Western  Reserve  " 24 

(3)  "  The  Virginia  Military  Tract " 24 

(4)  «  The  U.  S.  Military  Tract " 24 

(5)  The  "  Ohio  Company  "  and  «'  Symmes  Purchase  "  Tracts.  25 

b.  Their  disposition 25 

(1)  By  lease 25 

(2)  By  sale 27 

c.  Summary  and  results 30 

3.  School  Taxes 32 

a.  Local  Taxation 32 

b.  State  Taxation 34 

4.  The  School  District 34 

a.  The  early  district 35 

b.  The  «  Akron  law  "      .  - 36 

c.  The  township  and  sub-district 37 

375]  S 


117337 


6  CONTENTS  [376 

PACK 

d.  Recent  district  legislation 39 

(1)  The  centralizing  of  rural  districts 39 

(2)  The  law  of  1890 40 

5.  School  Supervision 41 

a.  State  superintendence 41 

(1)  The  first  state  superintendent  and  his  work 41 

(2)  The  Secretary  of  State  as  superintendent  of  schools    .   .  47 

(3)  The  State  Teachers'  Association  acts 48 

(4)  The  State  commissioner  of  common  schools 48 

b.  Local  superintendence 50 

(i)  City  superintendence 50 

(2)  County  superintendence 50 

6.  Compulsory  attendance 53 

7.  The  training  and  examining  of  teachers 55 

a.  Examining  boards 55 . 

(i)  The  county  board 55 

(2)  The  city  board 57 

(3)  The  state  board .    .    .  57 

b.  Teachers'  institutes 58 

8.  Other  centralizing  influences 59 

a.  The  "  Ohio  Teachers'  Reading  Circle  " 59 

b.  State  traveling  libraries 59 

c.  The  "  Boxwell "  and  "  Patterson  "  laws 60 

d.  The  state  school  book  board 61 

e.  The  revision  of  school  laws,  1902 63 

II.  Higher  Education 65 

1.  The  State  universities 65 

a.  Ohio  University 65 

b.  Miami  University 66 

c.  Ohio  State  University 68 

d.  Normal  and  Industrial  Department,  Wilberforce  University     .  69 

e.  Normal  Departments  at  Ohio  and  Miami  Universities  ....  69 

2.  Private  colleges 70 

III.  Tables  showing  Growth  of  the  School  System 73 

CHAPTER  II 

Taxation  and  Local  Finance 

I.   The  General  Property  Tax 75 

1.  The  first  period,  1802-25 — no  appraisements 75 

2.  The  second  period,  1825-46 — appraisement  of  land 79 

3.  The  third  period,  1846-present — appraisement  land  and  personalty  .  82 

4.  Results  of  the  general  property  tax 85 


377]                                      CONTENTS  y 

FAGB 

II.  Equalization 88 

1.  The  state  board  of  equalization 88 

2.  The  new  municipal  board  of  equalization 89 

III.  Special  Tax  Laws 93 

1.  The  liquor  tax 93 

2.  The  inquisitor  or  delinquent  tax 94 

3.  The  collateral  inheritance  tax 95 

4.  The  excise  tax 96 

5.  The  franchise  tax 97 

6.  Summary 98 

IV.  Central  Control  over  Local  Finance 100 

1.  Independent  treasury  act lOO 

2.  Uniform  auditing  system      I03 

3.  Conclusion 104 

CHAPTER  III 

Charities  and  Corrections 

I.  72*  Institutions 105 

1.  The  poor  laws 105 

2.  Penal  and  reformatory  institutions 108 

a.  County  jails 108 

b.  Work  houses 109 

c.  State  penitentiary 109 

d.  State  reformatory iio 

e.  Reform  school  for  boys no 

f.  Reform  school  for  girls no 

3.  State  charities Ill 

a.  Lunatic  asylums ill 

b.  Other  charitable  institutions 112 

II.  The  Board  of  State  Charities 113 

1.  Organization  and  powers 1 13 

2.  Problems 114 

a.  County  jails 114 

b.  County  infirmaries 116 

c.  Childrens'  homes 1 18 

d.  State  penitentiary 119 

e.  Other  State  institutions I2i 

f.  Out-door  relief •    • 121 

g.  Bettering  of  public  buildings 122 

h.  The  correlation  of  local  effort 122 

3.  The  gradual  increase  of  its  legal  powers 123 


8  CONTENTS  [378 

PACS 

4.  Attempted  co-operation  between  state  institutions 124 

5.  Summary  of  results 125 

Tables 127 

CHAPTER  IV 
Stats  Health  ADMimsTRATroN 

I.  Early  Legislation 130 

II.  State  Board  of  Health 131 

1.  Organization  and  powers — Law  of  1881 131 

2.  Law  of  1888 133 

3.  Law  of  1893      »33 

4.  Plumbing  inspection 135 

5.  Results  attained 136 

a.  Conditions  prior  to  1881 136 

b.  Contrast  present  conditions 137 

c.  Control  over  water  supply  and  sewerage  systems 138 

Summary 139 

CHAPTER  V 
Miscellaneous  Functions 

Introductory — Four  groups  of  authorities 142 

Deal  only  with  the  fourth  group 143 

1.  Commissioner  of  Railroads  and  Telegraphs 144 

2.  Superintendent  of  Insurance  and  Inspector  of  Building  and  Loan  Associa- 

tions   145 

3.  Inspector  of  Mines 147 

4.  Live  Stock  Commission 149 

5.  Inspector  of  Workshops  and  Factories  and  Bureau  of  Labor  Statistics  .   .  150 

6.  Dairy  and  Food  Commissioner 154 

7.  Inspector  of  Oils 156 

8.  Fish  and  Game  Commission 157 

9.  State  Fire  Marshal 157 

Conclusion  and  summary 161 

CONCLUSION 

I.  Dilatoriness  of  Ohio  in  Administrative  Matters-^Cauies 163 

1.  Early  settlements,  eight  centres 164 

2.  Territorial  government 166 

a.  Policy  of  Gov.  St.  Clair 167 

b.  The  first  legislature 167 


379]                                       CONTENTS  g 

r&as 

3.  Struggle  for  admission  to  statehood 168 

4.  Legislative  supremacy  illustrated 169 

a.  "  Sweeping  resolutions  " 170 

b.  Attitude  toward  U.  S.  Bank 170 

c.  Internal  improvements 171 

5.  Atwater's  account 172 

6.  Constitution  of  185 1 173 

7.  Subsequent  policy  of  legislature 173 

II.    IVAy  Legislature  not  competent  Administrative  Body .  174 

III.   Tendency  is  towards  Centralization 176 


INTRODUCTORY 


Ohio  was  admitted  to  the  Union  February  19,  1803.  It 
was  the  fourth  State  to  be  admitted,  and  the  first  to  be 
carved  out  of  the  Northwest  Territory,  It  was  governed  as 
part  of  that  Territory,  under  the  Ordinance  of  1787,  until 
1800,  when  the  Territory  of  Indiana  was  formed  of  the 
western  portion.  The  State  has  had  but  two  Constitutions 
in  the  century  of  its  history ;  the  one  framed  on  its  admission, 
and  the  Constitution  of  185 1.  The  latter  provides  for  a 
constitutional  convention  to  be  called  by  the  electors  every 
twenty-five  years.  Such  a  convention  was  authorized  in 
1876,  but  the  people  refused  to  ratify  its  work  at  the  polls. 

There  has  been  but  little  change  wrought  in  the  organic 
law.  The  growth  of  the  State  has  antiquated  many  of  the 
constitutional  provisions.  This  has  naturally  resulted  in 
deterring  progress  in  certain  lines  of  State  authority;  in- 
deed, some  of  the  sections,  notably  those  that  deal  with 
taxation  and  finance,  have  actually  worked  hardship  upon 
the  people. 

The  tradition  of  the  State  has  always  been  against  cen- 
tralization.^ The  first  Constitution,  formed  very  soon  after 
the  bitter  political  struggle  between  Jefferson  and  Adams, 
and  at  a  time  when  there  was  great  antagonism  against  the 
territorial  Governor,  St.  Clair,  who  had  ruled  with  an  arbi- 
trary hand,  provided  for  an  executive  shorn  of  all  power. 
The  second  Constitution  did  not  greatly  add  to  the  execu- 
tive authority. 

»  Vid.  infra,  p.  148. 
381]  II 


12  ADMINISTRATION  IN  OHIO  [382 

But  these  traditions  have  not  alone  affected  the  position 
of  the  executive.  The  entire  history  of  administration  in 
the  State  reveals  a  constant  struggle  against  giving  authority 
to  a  board,  or  a  commissioner  or  any  other  administrative 
officer.  This  is  especially  true  of  those  administrative  func- 
tions that  were  developed  earlier,  such  as  State  charities, 
State  finances  and  public  education.  The  increased  com- 
plexity of  life  has  created  in  the  past  forty  years  a  growing 
demand  for  increased  diversity  in  administrative  details. 
For  most  of  these  no  direct  provision  is  found  in  the  Con- 
stitution, and  the  Legislature  has  from  time  to  time  created 
new  administrative  bodies.  In  these  newer  functions,  that 
are  the  direct  outgrowth  of  the  more  recent  necessities,  a 
greater  degree  of  centralization  has  been  attained. 

There  has  been,  thus,  a  sustained  tendency  toward  decen- 
tralization. The  Governor,  for  instance,  may  appoint  State 
officers  and  the  members  of  the  newer  administrative  boards, 
but  he  can  do  so  only  with  the  consent  of  the  Senate.  And 
his  power  of  removal  is  limited  to  "  cause."  He  has  prac- 
tically no  power  of  direction  over  any  administrative  au- 
thority in  the  State.  ^  County  officials  are  also  immune 
from  the  executive's  direction,  nor  can  they  be  removed  by 
him  even  under  the  most  urgent  conditions.  But  the  new 
municipal  code  gives  the  Governor  the  power  to  remove 
the  Mayor  of  any  municipality  in  case  of  misconduct,  bribery 
or  other  gross  and  apparent  violations  of  law.  The  action 
of  the  Governor  is  final. ^  This  subordination  of  the  Gov- 
ernor is  reflected  in  the  subordination  of  the  State  to  the 
localities  in  administrative  details.  The  State,  for  instance, 
as  a  financial  unit  is  greatly  inferior  to  the  municipality. 

'  The  governor  may  ask  certain  state  officers  for  information  concerning  their 
department;  and  upon  complaint  being  made  by  private  citizens,  can  direct  cer- 
tain boards  to  investigate  the  charges  made. 

'  Municipal  Code,  sec.  226. 


383] 


INTRODUCTORY 


13 


The  State  revenues  are  less  than  one-eighth  as  great  as  local 
revenues.  The  hesitation  of  the  Legislature  to  delegate 
authority  to  administrative  boards  has  resulted  practically 
in  local  autonomy  even  in  matters  wherein  State  direction 
might  be  most  effective.  The  county  has  developed  a  large 
degree  of  self-direction  in  taxation,  the  administration  of 
poor  laws,  and  the  care  of  roads  and  bridges. 

Cities  also,  with  one  exception,  were  left  autonomous  in 
administrative  matters.  It  seems  paradoxical,  but  the  great 
amount  of  special  legislation  designed  to  interfere  with 
local  municipal  government  did  not  thrust  upon  the  cities 
any  central  direction  over  administrative  details. 

It  is  perfectly  evident  that  as  the  population  of  a  given 
area  increases,  the  amount  of  necessary  local  administrative 
details  grows  in  complexity.  And  when  such  an  area  be- 
comes densely  populated  a  higher  degree  of  administrative 
efficiency  is  necessary,  and  popular  administration  should  be 
replaced  by  expert  administration. 

The  growth  of  population  ^  has  been  so  rapid  in  Ohio 
that  it  has  attained  the  fourth  rank  among  the  States  of  the 
Union.  While  there  are  no  cities  of  the  first  magnitude, 
there  are  two  of  great  importance,  Cincinnati  and  Cleve- 


'  Cincinnati   

Qeveland 

Other  cities  over  8,000. 

Total  urban  popula- 
tion   

Population  of  the 
State  

Per  cent,  of  urban 
population 

No.  of  cities  with  over 
8,000  inhabitants.. 


1810. 


1830. 


2,540 


2,540 
230,760 
I.I 


24,831 
1,000 


42,831 
937.903 

4-S 
I 


1850. 

1870. 

1890. 

"5.435 
17,034 

2 

216,239 
92,829 
14 

296,908 
261,353 
27 

i5i»375 

517,909 

1,159,342 

1,980,329 

2,665,260 

3.672,329 

7.6 

19.4 

31.6 

4 

16 

29 

1900. 


325,902 
381,768 
36 

1,599.840 
4,157.545* 

38.5 
38 


*  45  towns  of  over  4,000  with  population  of  364,669.    This  added  to  above  makes  the  urban 
population  44.8  per  cent,  of  population. 

'  The  following  table  shows  the  urban  growth  of  the  State  during  the  century. 


14  ADMINISTRATION  IN  OHIO  [384 

land.  The  latter  has  developed  so  rapidly  in  the  last  thirty 
years  that  it  is  now  the  second  city  on  the  Great  Lakes. 
This  development  of  cities  has  largely  taken  place  in  the 
last  forty  years.  Until  1830  Cincinnati  was  the  only  city 
in  the  State  with  more  than  10,000  inhabitants,  and  until 
1880  it  was  the  only  city  with  more  than  100,000  inhabit- 
ants. To-day  there  are  four  such  cities.  The  urban  popu- 
lation of  1890  was  over  three  times  as  great  as  that  of  1870. 
There  are  at  present  thirty-eight  cities  in  the  State  with 
more  than  8,000  inhabitants,  and  they  contain  38.5  per  cent, 
of  the  population  of  the  State,  and  there  are  forty-five 
municipalities  with  over  4,000  inhabitants.  The  total 
urban  population  in  municipalites  over  4,000  is  44.8  per. 
cent,  of  the  population  of  the  State. 

Excepting  the  two  largest  cities,  this  urban  population 
is  quite  evenly  distributed  among  cities  of  from  20,000  to 
80.000  inhabitants.  This  makes  the  conditions  of  the  prob- 
lem of  city  government  less  unequal  than  in  those  States 
that  have  one  city  of  overshadowing  size,  like  New  York  or 
Pennsylvania.  About  one-half  of  the  population  live  in 
rural  districts  and  villages,  which  enjoy  a  considerable  de- 
gree of  self-government. 

But  while  there  is  no  such  great  diversity  in  urban  condi- 
tions as  exists  in  some  of  the  other  States,  there  has  been 
by  no  means  a  uniform  development  of  centralization  in 
city  government.  On  the  contrary,  the  greatest  diversity 
has  resulted.     This  is  due  to  special  legislation. 

The  first  Constitution  of  the  State  did  not  provide  for  the 
organizing  of  corporations  of  any  kind.  Municipalities 
were  chartered  by  special  act.  Many  minor  municipalities 
had  been  thus  chartered,  and  foreseeing  the  results  the 
makers  of  the  Constitution  of  185 1  dictated  that  "the  Gen- 
eral Assembly  shall  provide  for  the  organization  of  cities 
and  incorporated  villages  by  general  laws,  and  restrict  their 


385]  INTRODUCTORY  1 5 

power  of  taxation,  assessment,  borrowing  money,  contract- 
ing debts,  and  loaning  their  credit,  so  as  to  prevent  the 
abuse  of  such  power,"  ^  and  in  another  section  they  declared 
that  "all  laws  of  a  general  nature  shall  have  a  uniform 
operation  throughout  the  State."  ^  It  is  also  provided 
that  "  the  General  Assembly  shall  pass  no  special  act 
conferring  corporate  powers."  ^  In  the  face  of  this 
reiterated  command  the  Legislature  began  to  pass  special 
laws.  In  the  first  session  following  the  adoption  of  the 
new  Constitution  an  act  was  passed  providing  for  the  organi- 
zation of  cities  and  incorporated  villages.  The  cities,  how- 
ever, were  subdivided  into  two  classes,  the  first  class  includ- 
ing those  with  a  population  of  over  20,000,  and  the  second 
class  including  all  others.  This  was  the  unassuming 
beginning  of  a  classification  that  grew  to  absurd  propor- 
tions as  the  number  of  cities  multiplied.  To  avoid  the 
constitutional  limitations  against  special  legislation  all  the 
charters  were  enacted  to  apply  to  cities  with  a  certain  popu- 
lation, instead  of  naming  the  cities.* 

Strangely,  the  Supreme  Court  of  the  State  gave  its  sanc- 
tion to  this  circumlocution  as  a  means  of  evading  the  obvious 
intent  of  the  framers  of  the  Constitution. 

The  following  table  exhibits  the  complexity  of  classifi- 
cation attained  by  this  method  of  special  legislation : 

Cities. 

Class  I. 

Grade  1 Over  200,000  inhabitants. 

Grade  2 From  90,000  to  200,000  inhabitants. 

Grade  3 From  31,500  to  90,000  inhabitants. 

Grade  4   those  promoted  from  Class  II. 

» Article  XIII.,  sec.  6. 
^Article  II.,  sec.  26. 

*  Article  XIII.,  &tc.  I. 

*  Delos  F.  Wilcox,  Municipal  Government  in  Michigan  and  Ohio.  S.  P.  Ortb> 
Municipal  Situation  in  Ohio,  Forum,  June,  1902. 


l6  ADMINISTRATION  IN  OHIO  [386 

Clau  II. 

Grade  i  From  30,500  to  31,500  inhtbiUatt. 

"      2 "     20,000  to  30,500  " 

"      3 "     10,000  to  20,000  " 

"      3» "     28,000  to  33,000  •' 

••      3b "     16,000  to  18,000  " 

*•      3c "     15,000  to  17,000  " 

"      4 "       5,000  to  10,000  " 

"      4* "       8,000  to    9,500  " 

INCORFOKATED  ViLLAGKS. 
Class  I. 
From  3,000  to  5,000  inhabitants. 

Class  II. 
From  2,000  to  3,000  inhabitants. 

Hamltts. 
All  villages  under  2,000  inhabitants. 

This  patch-work  was  pieced  together  largely  for  the  pur- 
pose of  covering  local  political  conditions.  No  uniformity 
was  sought  in  the  framework  of  local  governments.  The 
Constitution  was  disregarded.  While  mere  uniformity  in 
municipal  legislation  is  not  a  virtue,  for  the  local  needs  are 
various,  still  such  an  extreme  of  classification  as  was  here 
indulged  in  led  to  great  abuse.  Party  politics,  rather  than 
local  needs,  dictated  the  form  of  legislation. 

There  resulted  therefrom  every  degree  of  administrative 
authority,  from  centralization  to  complete  decentralization. 
The  charters  of  the  two  largest  cities  were  antipodal.  To 
one  city  the  Legislature  granted  home  rule;  the  other  it 
deprived  of  all  autonomy.  In  Cleveland  the  federal  plan 
was  developed.  The  Mayor  was  made  a  responsible  execu- 
tive, appointing  and  directing  the  heads  of  the  city  depart- 
ments. He  had  the  power  of  removal,  a  considerable  con- 
trol over  local  finance  through  his  appointing  power,  had  a 
veto  on  all  acts  of  the  Council,  and  through  the  large  dis- 
cretionary power  granted  to  departments  practically  man- 
aged all  of  the  city  affairs.     On  the  other  hand,  Cincinnati 


387]  INTRODUCTORY  1 7 

was  governed  by  the  Legislature.  The  Mayor  was  a  mere 
figurehead.  The  City  Council  and  Board  of  Administration 
ruled.  There  was  nowhere  a  responsible  authority.  At 
one  time  even  the  Governor  appointed  the  administrative 
boards,  and  some  years  ago  a  special  act  of  the  Legislature 
gave  the  Board  of  Administration  the  power  to  grant  for 
fifty  years  a  practical  monopoly  of  street  railway  franchises, 
without  the  right  of  interference  of  the  people  or  even  the 
City  Council.  This  has  been  the  extreme  limit  reached  by 
the  Legislature  in  its  interference  with  local  administration. 

Among  the  lesser  cities  the  diversity  was  as  great.  As  a 
general  rule  responsible  centralized  administrative  authority 
was  wanting.  Very  rarely  was  power  given  to  one  official 
or  to  a  department,  but  administration  was  entrusted  to 
boards.  A  favorite  resort  was  the  "  bi-partisan  "  board. 
This  had  the  semblance  of  taking  administration  out  of 
politics.  It  only  resulted  in  one  faction  of  a  party  playing 
into  the  hands  of  a  faction  in  another  party  and  intensifying 
the  political  aspect.  An  extreme  example  of  the  decentral- 
ized, irresponsible  administrative  board  is  seen  in  the  form 
of  government  assigned  to  the  cities  of  Youngstown  and 
Akron.  Here  the  Probate  Judge,  an  officer  elected  by  the 
county,  and  the  Mayor  appointed  a  "  bi-partisan  "  board  of 
four  Commissioners,  who  had  complete  charge  of  city  ad- 
ministration. Under  this  form  of  government  no  one  was 
responsible.  The  Mayor,  the  Council,  and  the  Board  of 
Commissioners  dodged  responsibility  by  thrusting  it  from 
one  to  the  other.  It  was  impossible  to  fix  the  blame  for 
administrative  shortcomings. 

The  merit  system  of  appointment,  as  a  means  for  securing 
efficiency  in  either  municipal  or  State  administration,  was 
virtually  unknown  in  the  State;*  except  in  certain  cities,  in 

'The  code  prescribes  it  now  for  all  cities,  sees.  146-187. 


l8  ADMINISTRATION  IN  OHIO  [388 

which  the  police  and  fire  departments  were  controlled  by  a 
modified  merit  system. 

But  the  entire  municipal  situation  was  suddenly  changed 
in  June,  1902,  by  the  revolutionary  and  commendable  course 
of  the  Supreme  Court  in  sweeping  aside  its  long  line  of  for- 
mer decisions  and  holding  that  classification  is  special  legis- 
lation, and  therefore  unconstitutional  under  the  present 
Constitution.  The  immediate  cases  calling  forth  this  deci- 
sion were  brought  against  Cleveland  and  Toledo.^ 

The  new  code  is  not  a  step  toward  centralization.  On 
the  contrary,  it  deprives  those  cities  which  had  adopted  the 
federal  plan  of  their  centralized  government  and  substitutes 
the  decentralized  board  plan.  It  provides  a  Council,  whose 
functions  are  purely  legislative.  The  executive  power  is 
"  vested  in  a  Mayor,  president  of  Council,  Auditor,  Solicitor, 
Department  of  Public  Service,  Department  of  Public 
Safety  "  and  several  minor  boards.  Of  these  officers  all 
except  the  Board  of  Public  Safety  are  elected. 

The  Mayor's  principal  power  is  legislative.  He  can  veto 
ordinances.  He  appoints,  usually  with  the  concurrence  of 
the  Council,  certain  minor  officials.  The  heads  of  depart- 
ments consult  with  him.  He  fills  vacancies,  and  has  the 
power  of  preferring  charges  against  any  officer,  the  Council 
acting  as  a  court  upon  the  charges.  But  while  it  is  "  made 
the  duty  of  the  Mayor  to  have  a  general  supervision  over 
each  department  and  the  officers,"  it  is  not  clear  how  his 
power  of  supervision  will  amount  to  much,  since  he  is  not  a 
member  of  the  principal  administrative  boards  and  since 
the  principal  officers  are  elected,  and  his  power  of  removal 
must  be  exercised  with  the  sanction  of  the  Council. 

Administration  is  centered  principally  in  two  boards.     A 
Board  of  Public  Service,  elected  for  two  years,  has  super- 
estate  ex  rel.  Kinsley  tt  al.  v.  Jones  et  al.,  66  Ohio  Slate,  453;  State  ex  rel. 
Attorney  General  v.  Beacom  et  al.,  66  Ohio  State,  491. 


389]  INTRODUCTORY  ig 

vision  of  most  of  the  business  usually  conducted  by  a  munici- 
pal corporation.  The  law  declares  the  board  to  be  "  the 
chief  administrative  authority  of  the  city,  and  it  shall  man- 
age and  supervise  all  public  works  and  all  public  institu- 
tions," except  a  few,  for  which  special  provision  is  made. 
This  board  is  an  authority  unto  itself.  It  is  limited  by  the 
Council  only  in  the  expenditure  of  money.  It  appoints 
as  many  laborers  and  inspectors  as  it  sees  fit,  and  fixes  their 
pay. 

The  other  department  created  by  the  law  is  the  Depart- 
ment of  Public  Safety.  This  is  in  charge  of  a  board 
appointed  by  the  Mayor,  with  the  consent  of  two-thirds  of 
all  the  members  elected  to  the  Council.  This  board  has  a 
general  oversight  over  the  Police  and  Fire  Departments, 
but  the  scope  of  its  authority  is  limited  by  civil  service  rules 
and  by  the  powers  of  the  chief  of  police  and  the  chief  of  the 
Fire  Department.  These  chiefs  have  a  considerable  degree 
of  autonomy,  and  can  be  suspended  only  by  the  Mayor. 
Thus  the  Directors  of  Public  Safety  are  confined  to  matters 
of  business  routine  rather  than  to  real  supervision. 

The  minor  administrative  boards  are  the  Library  Board, 
the  Board  of  Health,  and  the  Board  of  Tax  Commissioners, 
who  also  have  charge  of  the  sinking  fund.  These  boards 
are  all  appointed  by  the  Mayor,  the  former  with  the  consent 
of  the  Council. 

The  Board  of  Tax  Commissioners  and  Sinking  Fund 
Trustees  is  created  as  a  check  upon  hasty  financial  legislation. 
They  serve  without  pay,  and  approve  all  tax  levies  before 
the  same  can  be  valid.  They  also  have  full  control  of  the 
sinking  fund.  The  Tax  Commissioners  and  Library  Board 
are  bi-partisan. 

Executive  and  administrative  powers  could  hardly  be 
more  scattered  than  they  are  by  this  plan.  The  scheme 
reveals  its  ancestry,   the  long  line  of  special  acts  passed 


20  ADMINISTRATION  IN  OHIO  [3Q0 

during  the  last  fifty  years.  A  bit  of  each  plan  was  put  into 
the  new  one,  and  the  result  is  decentralization.  The  Legis- 
lature was  handicapped  by  the  constitutional  provision 
enjoining  a  universal  application  of  the  code.  It  was  neces- 
sary to  act  for  small  cities  and  large  ones,  and  thus  strike 
a  general  average  which  will  fit  only  a  few. 

The  universal  inconvenience  which  has  arisen  from  the 
readjustment  of  all  municipal  governments  to  this  law,  and 
the  conduct  of  the  special  session  of  the  Legislature  that 
framed  the  new  code,  have  aroused  considerable  agitation 
throughout  the  State  for  a  constitutional  amendment,  allow- 
ing more  flexibility  in  municipal  matters,  and  especially  for 
providing  a  greater  degree  of  home  rule.  The  Missouri 
plan  of  letting  certain  of  the  larger  cities  frame  their  own 
charters  is  mentioned  with  favor. 

In  spite  of  the  traditional  tendencies  against  centraliza- 
tion that  have  clung  to  the  State  through  its  century  of 
existence,  there  are  certain  well-defined  movements  toward 
centralized  administration.  Some  of  these  are  not  well 
marked,  others  are  merely  in  the  formative  period,  while  a 
very  few  instances  of  strongly  centralized  control  are  found. 

The  movement  toward  centralization  has  been  greatly 
accelerated  in  recent  years,  and  has  found  greatest  favor 
among  those  activities  more  recently  undertaken  by  the 
State. 

A  considerable  degree  of  centralization  has  been  effected 
in  the  election  laws  and  in  the  control  of  private  corpora- 
tions. Moreover,  there  has  been  a  rapid  increase  in  the 
number  of  duties  imposed  upon  existing  State  officials. 
Thus  considerable  authority  has  been  centralized  in  the 
office  of  the  State  Treasurer,  the  Secretary  of  State  and  the 
Attorney-General.  The  State  Auditor  has  evolved  into  a 
powerful  administrative  officer.  He  is  at  present  a  member 
of  twenty-two  boards  and  special  commissions  entrusted 
with  certain  governmental  details. 


391  ]  INTRODUCTORY  21 

This  inquiry  was  begun  originally  with  the  idea  of  ascer- 
taining what  tendencies  are  manifest  toward  the  centraliza- 
tion of  administration  in  those  duties  that  formerly  were 
exercised  by  localities,  and  of  determining  what  causes 
compelled  such  centralization  and  what  results  have  fol- 
lowed. It  soon  became  apparent  that  Ohio's  situation  in 
the  matter  of  administration  was  anomalous  as  compared 
with  that  of  other  great  States.  Her  progress  toward 
efficient  administrative  authority  has  been  slow,  while  her 
commercial  development  has  been  rapid  and  her  political 
prestige  great.  Thus  a  secondary  object  of  inquiry  was 
provided,  viz.,  to  ascertain,  if  possible,  the  causes  of  this 
delinquency. 

It  will  be  natural  to  begin  with  a  study  of  the  State  school 
system,  for  its  history  reveals  best  the  tendency  and  policy 
of  the  State  in  administrative  matters.  This  will  entail, 
first,  a  study  of  the  piiblic  school  system,  including  the  school 
finances;  an  account  of  the  disposal  of  the  school  lands;  an 
analysis  of  the  school  district,  its  officers  and  functions; 
and  of  school  supervision,  both  State  and  local ;  as  well  as  a 
study  of  other  tendencies  that  make  for  centralization  in 
educational  matters :  second,  a  study  of  the  higher  educa- 
tion; this  will  include  the  development  of  the  State  univer- 
sities and  their  correlation  with  the  private  colleges  of  the 
State. 

The  second  chapter  deals  with  the  development  of  the 
State's  system  of  taxation  and  local  finance.  This  includes 
a  discussion  of  the  general  property  tax,  equalization,  the 
special  tax  laws  of  more  recent  years,  and  State  control  over 
local  finance. 

A  third  chapter  endeavors  to  trace  the  centralizing  ten- 
dencies in  the  administration  of  the  Charities  and  Correc- 
tions of  both  the  State  and  the  localities.  This  naturally 
suggests  the  treatment  of  poor  relief,  penal  and  reformatory 


22  ADMINISTRATION  IN  OHIO  [392 

institutions,  the  State  charitable  institutions,  and  all  of  them 
as  influenced  by  the  Board  of  State  Charities. 

The  fourth  chapter  treats  of  health  administration,  first 
under  decentralized  local  authorities,  and  second  under  the 
control  of  the  State  Board  of  Health. 

The  final  chapter  enumerates  the  administrative  authori- 
ties that  have  been  created  in  more  recent  years,  and  under 
whose  supervision  the  State  has  centralized  many  functions. 
Some  of  these  do  not  fall  strictly  within  the  sphere  of  this 
essay,  because  the  functions  which  they  exercise  never  were 
discharged  by  the  locality.  They  have  been  added  because 
they  indicate  a  tendency  to  create  new  centralized  authori- 
ties rather  than  to  follow  the  old  plan  of  delegating  to  the 
municipalities  the  power  to  exercise  such  new  functions  as 
can  now  properly  be  administered  by  State  authority. 

In  the  conclusion  are  set  forth,  as  nearly  as  they  can  be 
ascertained,  the  tangible  causes  that  have  retarded  the  de- 
velopment of  centralized  administration  in  the  State,  while 
all  of  the  neighboring  States  have  made  considerable  pro- 
gress in  this  direction.  There  is  also  added  a  summary  of 
the  conclusions  that  may  be  deduced  from  this  inquiry. 

This  research  was  made  difficult  because  of  the  nature  of 
the  sources.  While  the  State  Library  contains  a  full  set  of 
the  State  reports  and  the  Assembly  journals,  they  are  in 
themselves  very  unsatisfactory  because  of  their  barrenness. 
The  journals  are  mere  records  of  motions  made  and  passed. 
The  reports,  as  a  rule,  have  little  to  say  concerning  the  pre- 
vailing conditions  that  called  them  forth.  And  there  is  a 
notable  dearth  of  court  decisions  upon  points  pertaining  to 
administrative  law. 


<S/TY       CHAPTER    I 

PUBLIC  EDUCATION 

The  Public  School  System 
introductory 

The  diffusive,  or  Ohio,  system  of  scattered  administrative 
power  struggling  toward  more  efficient  centralized  control 
is  nowhere  more  clearly  shown  than  in  the  system  of  educa- 
tion of  that  State.  The  instances  of  centralization  are 
isolated,  and  are  scattered  over  various  spheres  of  activity, 
instead  of  being  confined  to  certain  fixed  lines,  as  is  the  case 
in  States  that  have  brought  their  educational  systems  to  a 
higher  degree  of  efficiency. 

In  order  to  bring  into  clear  relief  the  inadequacy  of  the 
decentralized  method  of  supervision  I  shall  dwell  largely 
upon  the  history  of  the  common  school  system,  and  shall 
quote  extensively  from  the  reports  of  those  officials  whose 
duty  it  is  to  perfect  the  educational  advantages  of  the  State. 
I  shall  thus  be  led  to  emphasize  quite  as  strongly  the  lack  of 
centralization  and  its  fruits  as  the  instances  of  centralization 
and  their  results. 

The  constitutional  basis  of  the  common  school  system  of 
Ohio  is  laid  in  the  oft  quoted  passage  of  the  Ordinance  of 
1787,  "  Religion,  morality  and  knowledge  being  necessary 
to  good  government,  schools  and  the  means  of  education 
shall  forever  be  encouraged."  This  sentiment  was  para- 
phrased in  the  Constitution  of  1802,  which  further  de- 
clared (Art.  III.,  82)  that  "  The  General  Assembly  shall 
make  such  provisions,  by  taxation  or  otherwise,  as,  with 
393]  23 


24  ADMINISTRATION  IN  OHIO  [394 

the  income  arising  from  the  school  trust  fund,  will  secure  a 
thorough  and  efficient  system  of  common  schools  through- 
out the  State."  Although  the  Constitution  of  185 1  reiter- 
ates this  obligation,  its  literal  fulfillment  remains  as  yet  a 
matter  of  the  future,  for  the  public  school  system  of  the 
State  is  neither  "  thorough  "  nor  "  efficient,"  and  for  reasons 
that  are  made  apparent  by  a  careful  study  of  the  school 
administration. 

THE   SCHOOL   LANDS 

The  financial  basis  of  the  common  schools  of  Ohio,  as  of 
all  the  other  States  erected  out  of  the  Northwest  Territory, 
is  the  land  appropriated  by  act  of  Congress  in  1785.  The 
United  States  government  ordered  a  survey  of  the  territory 
into  square  townships,  each  township  to  contain  thirty-six 
sections  of  one  square  mile  each,  and  set  aside  lot  number 
sixteen  of  every  township  for  the  maintenance  of  public 
schools  within  the  said  township.  These  school  lands  were 
designated  as  "  section  sixteen."  Not  all  of  the  State, 
however,  was  thus  surveyed. 

The  State  of  Connecticut  retained  control  over  a  strip  of 
land  on  the  south  shore  of  Lake  Erie,  about  thirty-five  miles 
in  width,  and  extending  westward  from  the  Pennsylvania 
boundary  about  one  hundred  and  twenty  miles.  This  was 
called  the  "  Connecticut  Western  Reserve." 

The  State  of  Virginia  retained  enough  land  between  the 
Scioto  and  Little  Miami  rivers  to  satisfy  the  claims  of  her 
Revolutionary  soldiers.  This  was  known  as  "  The  Virginia 
Military  Tract."  Territorial  jurisdiction  was  yielded  in 
both  cases  to  the  United  States. 

Congress  also  set  aside  a  tract  of  land  in  the  southern 
portion  of  the  State  as  a  bounty  for  the  relief  of  Revolution- 
ary soldiers.  This  was  called  "  The  United  States  Military 
Tract."     And  by  the  act  of  Congress  section  twenty-six 


395]  PUBLIC  EDUCATION  2$ 

was  set  aside  for  religious  purposes.  This  was  known  as 
"  The  Ministerial  Lands." 

In  1787  "  The  Ohio  Company  "  purchased  one  and  a  half 
million  acres  in  the  southeastern  portion  of  the  State,  and 
Congress  gave,  in  addition  to  section  sixteen,  two  entire 
townships  for  the  endowment  of  a  university.  A  like  pro- 
vision was  made  for  a  university  in  the  "  Symmes 
Purchase." 

Congress  subsequently  set  aside  school  lands  to  satisfy 
the  claims  of  the  Western  Reserve  and  the  two  military 
districts.  In  all  eleven  hundred  square  miles,  one  thirty- 
sixth  of  the  entire  area  of  the  State,  were  devoted  to  the  use 
of  the  public  schools. 

The  history  of  the  administration  of  this  great  trust  is 
not  creditable  to  the  administrators,  and  illustrates  the 
inefficiency  of  a  Legislature  as  an  administrative  body.  The 
earliest  school  legislation  dealt  entirely  with  the  disposal 
of  these  lands.  The  State  first  attempted  to  lease  the  school 
lands.  The  first  Legislature  ^  passed  an  act  providing  for 
the  leasing  of  section  sixteen  in  the  United  States  military 
tract  for  a  term  not  exceeding  fifteen  years.  The  rent  for 
that  period,  per  quarter  section,  was  to  consist  in  clearing 
fifteen  acres,  planting  an  orchard  and  building  a  cabin. 
The  leases  were  made  by  agents  appointed  by  the  Governor, 
but  in  1805  this  power  was  delegated  to  the  township  trus- 
tees of  the  county,  and  they  were  to  apply  the  proceeds  of 
the  leases  "  to  the  education  of  youths." 

The  number  of  counties  in  the  State  grew  from  nine,  in 
1802,  to  eighty-eight,  in  1850.  Many  of  the  county  lines 
passed  through  the  townships  as  originally  surveyed.  This 
lent  complexity  to  the  school  land  problem,  for  the  sections 
set  aside  by  Congress  were  for  the  benefit  of  the  townships 

>  Ohio  Laws,  i,  p.  61. 


26  ADMINISTRATION  IN  OHIO  [396 

in  which  the  land  was  situated.  This  confusion  was  not 
lessened  by  the  estabhshment  of  a  separate  administrative 
board  in  each  of  the  "  original  surveyed  "  townships/  This 
board  consisted  of  three  trustees  and  a  treasurer  elected  for 
one  year,  and  had  the  power  to  lease  the  school  section  and 
apply  the  proceeds  to  the  use  of  the  schools.  This  separate 
organization  of  the  "  original "  townships  has  prevailed 
almost  continuously  to  the  present  time  in  those  townships 
wherein  the  school  section  has  not  been  sold.  The  term 
of  ofhce  has  been  altered  at  intervals,  and  is  now  three  years. 
For  a  few  years  subsequent  to  18 15  the  Common  Pleas 
Court  appointed  the  "  school  land  commissioners."  In 
1809  ^  the  United  States  military  tract  school  land  was 
surveyed  into  quarter  sections,  and  these  were  leased  to  the 
highest  bidder  at  not  less  than  two  dollars  per  acre,  in 
addition  to  the  cost  of  sale  and  survey,  said  costs  to  be  paid 
down.  The  principal  was,  however,  not  to  be  paid,  but  in 
lieu  thereof  a  yearly  rental  of  6  per  cent,  forever,  "  subject, 
however,  to  alteration  by  any  succeeding  Legislature,  so 
as  to  enable  the  purchaser  to  make  such  commutations  as 
said  Legislature  may  think  expedient."  This  perpetual 
lease  was  altered  the  succeeding  year,^  the  Legislature  agree- 
ing to  accept  a  cash  payment  of  ten  dollars  per  quarter 
section  as  a  commutation  of  the  cost  and  five  years'  rental. 
This  robbed  the  schools  at  once  of  eighty-six  dollars  per 
quarter  section,  for  the  rental  would  have  been  at  least 
ninety-six  dollars.  The  time  for  making  the  required  im- 
provements was  extended  in  181 3  *  and  again  in  1814.° 

In  1835  section  sixteen  was  appraised  by  order  of  the 
Legislature,®  and  provision  made  for  appraisals  every  twenty 
years  thereafter,   the  improvements  not  to  be  considered. 

'  O.  L.,  iv,  p.  25.  *  O.  L.,  vii,  p.  108.  "  0.  L.,  viii,  p.  253. 

♦ii  c.z.,p.  161.  *  12  a  z., p.  51.  'ssaz.,?.  15. 


397]  PUBLIC  EDUCATION  27 

The  law  of  1810^  was  amended  in  181 7,  requiring  leases 
to  be  made  for  ninety-nine  years,  renewable  forever,  the 
annual  rental  remaining  at  6  per  cent,  of  the  appraised  value. 
The  first  appraisal  of  the  school  lands  was  really  made  under 
this  act,  but  owing  to  the  laxity  of  officials  the  majority  of 
the  sections  remained  unappraised  until  the  law  of  1835. 

Various  acts  made  provision  for  the  leasing  of  the  un- 
disposed school  lands.  In  1824  ^  leases  were  limited  to 
fifteen  years.  In  183 1  '  this  term  was  reduced  to  seven 
years,  while  the  power  of  leasing  lands  was  vested  in  the 
township  trustees.  The  statute  of  181 7  *  provided  that  the 
county  commissioners  alone  could  renew  the  leases  and 
should  appoint  three  appraisers. 

Despite  these  general  laws  the  Legislature  passed  at  every 
session  numerous  special  laws,  granting  various  localities 
the  privilege  of  disposing  of  their  school  land.  So  unsatis- 
factory was  this  method  of  utilizing  these  lands  that  Gover- 
nor Brown  stated  in  his  message  in  1821,  "  So  far  as  my 
information  extends,  the  appropriation  of  the  school  lands 
in  this  State  has  produced  hitherto  (with  few  exceptions) 
no  very  material  advantage  in  the  dissemination  of  instruc- 
tion— none  commensurate  with  their  presumable  value."  ^ 
The  lessor  often  sub-let  his  land  at  great  profit. 

In  1824  the  State  petitioned  Congress  for  the  right  to 
sell  the  lands.  After  three  years'  waiting,  without  formal 
assent,  the  Legislature  passed  in  1827  two  separate  acts 
providing  for  the  sale  of  section  sixteen,®  and  for  securing 
by  ballot  the  assent  of  the  Virginia  ^  and  the  United  States 
military  districts  for  the  sale  of  their  school  lands.  The 
subsequent  year  *  provision  was  made  for  the  sale  of  the 

^15  0.  Z.,p.  202.  *  22  0.  z.,  p.  419.  *  29  0.  z.,  p.  492. 

*  15  O.  L.,  chap.  46.       '  Senate  Journal,  1821,  p.  13. 

•  25  O.  Z.,  p.  103.        '  25  O.  Z.,  p.  45.        8  26  O.  Z.,  p.  10.    >- 


28  ADMINISTRATION  IN  OHIO  [398 

lands  in  the  Virginia  and  United  States  tracts.  One-sixth 
was  to  be  paid  down,  and  the  rest  in  five  annual  installments. 
Section  sixteen  ^  was  to  be  sold,  one-fourth  down  and  the 
rest  in  annual  installments,  to  the  highest  bidder,  but  not 
for  less  than  the  appraised  value.  But  the  leased  lands 
could  not  be  sold.  If  the  lease  was  permanent  the  lease- 
holder could  surrender  the  lease  and  obtain  a  title  in  fee 
simple  by  purchasing,  paying  one-eighth  down  and  the 
residue  in  seven  annual  installments.  In  the  United  States 
military  district  the  purchase  price  was  divided  into  ten 
installments. 

Since  1852  ^  the  holders  of  perpetual  leases  who  desire 
to  obtain  title  in  fee  must  obtain  permission  of  the  township 
trustees  to  buy  the  land.  But  these  provisions  were  subject 
to  annual  fluctuations,  induced  by  the  leaseholders  or  pur- 
chasers of  the  school  lands.  In  1843,'  and  again  in  1852,* 
there  were  general  revisions  without  making  substantial 
change.  The  process  of  sale  now  in  vogue  is  practically 
the  one  inaugurated  in  1828.  The  sale  is  conducted  by  the 
township  trustees,  the  voters  of  the  township  having  first 
signified  their  willingness  that  the  lands  be  sold.  The  Court 
of  Common  Pleas  appoints  three  appraisers  who  are  resi- 
dents of  the  township,  and  these,  with  the  county  surveyor, 
divide  the  land  into  convenient  parcels  and  appraise  each 
parcel.  The  Court  reviews  the  proceedings,  and  if  found 
correct  the  auditor  sells  the  land  to  the  highest  bidder,  but 
not  for  less  than  the  appraised  value.  Since  1873  "  one- 
third  of  the  price  is  paid  down,  the  remainder  in  two  annual 
installments.  If  the  land  is  not  sold  in  two  years  it  is  re- 
appraised. The  lands  in  the  United  States  district  were 
all  sold  by  1840.     In  the  Virginia  military  district  about 

*  27  O.  Z.,  p.  32.  *  50  O.  Z.,  p.  1 68.  »  40  O.  L.,  p.  20. 

•50  O.  L.,  p.  i68.  '70  O.  L.,  p.  230. 


399]  PUBLIC  EDUCATION  29 

nine  thousand  acres  remain  under  perpetual  lease  at  twelve 
cents  per  acre  annually.^ 

The  school  lands  of  the  Western  Reserve  were  subject  to 
less  legislation,  as  no  perpetual  leases  had  been  granted. 
In  1829  the  inhabitants  voted  to  sell  the  lands,  and  by  1837 
all  were  sold.  An  additional  strip  of  land  had  been  granted 
by  Congress  in  1834  to  the  Western  Reserve,  because  the 
former  grant  had  been  insufficient.  This  land  was  sold, 
after  the  consent  of  the  voters  had  been  given,  in  1850. 
Nearly  all  of  section  sixteen  has  been  sold.  In  1898  thirty- 
seven  counties  still  reported  incomes  from  rentals,  but  the 
total  amount  was  only  $17,514.75.^ 

The  same  act  of  Congress  that  set  aside  school  lands  in 
Ohio  gave  several  sections  of  lands  that  contained  salt 
springs  to  the  State  for  the  use  of  schools.  The  State  early 
attempted  to  work  these  lands,  and  appointed  an  agent '  to 
have  charge  of  the  salt  wells,  but  no  success  ever  attended 
the  experiment.  In  1810  *  the  monopoly  of  working  one 
of  the  sections  was  granted  to  three  parties,  but  this  arrange- 
ment lasted  only  four  years.  Subsequently  agents  were 
appointed  by  the  Governor.  In  1824  Congress  granted 
permission  to  sell  the  salt  lands,  and  they  were  sold  the 
following  year. 

In  1850  the  United  States  granted  "  swamp  and  over- 
flow "  lands  along  the  several  rivers  of  the  State  for  school 
purposes.  The  25,720  acres  in  Ohio  were  soon  sold. 
Ohio's  share  in  the  public  lands  granted  by  Congress  for 
the  establishment  of  agricultural  colleges  in  1862  was  630,- 
000  acres.  This  was  sold  for  $342,450,  but  this  sum  was 
not  utilized  until  it  had  increased  to  one-half  million  dollars. 

>  Education  in  Ohio,  p.  29.    Centennial  volume. 
»  Auditor's  Report,  1898,  p.  1 1. 
»iaZ.,p.2l.  ♦8aZ.,c.  56. 


30  ADMINISTRATION  IN  OHIO  [400 

The  various  funds  thus  created  form  the  "  irreducible  school 
funds"  of  the  State.     In  1901  they  aggregated  as  follows: 

Section  sixteen ?3.405,335-43 

Section  29,  ministeriallands 142,154.60 

Virginia  Military  Tract 195.596.47 

United  States  Military  Tract 120,272.12 

Western  Reserve 257,499.21 

Ohio  State  University — "Agricultural  College  " 555,588.26 

Ohio  University — "  Symmes  Purchase  " 14,999.58 

Swamp  lands  and  salt  lands 24,772.09 

Total ^4,716,219.76 

The  income  ^  from  this  sum  is  $305,327.78.  The  common 
school  fund  derived  from  the  sale  of  the  original  school 
lands  is  $4,120,857.83,  and  its  annual  proceeds  $247,389.65; 
not  an  encouraging  income  from  a  princely  estate  embrac- 
ing 750,000  acres,  one  thirty-sixth  of  the  entire  area  of  a 
great  Commonwealth. 

The  school  lands  were  grossly  mismanaged,  both  in  the 
leasing  and  the  selling.  No  careful  oversight  was  main- 
tained, the  Legislature  carelessly  enacting  laws  without  in- 
quiry into  their  effect.  Much  of  the  land  was  early  occupied 
by  squatters,  who  had  no  title  whatever  to  it.  They  con- 
tinued to  control  legislation  for  their  own  benefit,  and 
secured  leases  for  merely  nominal  sums.  Members  of  the 
Legislature  even  had  acts  passed  in  their  own  behalf  grant- 
ing leases  to  themselves,  and  enabling  them  to  obtain  pos- 
session without  adequate  pay.  One  case  is  recorded  of  a 
Senator  who  managed  to  secure  seven  entire  sections  for 
himself  and  his  family.^ 

The  amount  of  this  special  legislation  was  really  enor- 
mous. Nearly  one-third  of  the  acts  passed  between  1802 
and  1835  pertained  to  the  disposal  of  school  lands.     Amend- 

^  Auditor's  Report,  1901,  p.  1 2.  *  Atwater,  History  of  Ohio,  p.  253. 


40 1  ]  P  UBLIC  ED  UCA  TION  3 1 

ments  were  made  at  every  session,  and  the  provisions  grew 
so  complex  and  the  conditions  so  alarming  that  a  committee 
appointed  in  1821  by  the  House  of  Representatives  reported, 
after  one  year's  inquiry,  that  the  lands  must  be  sold,  else 
"  no  good  and  much  evil  will  accrue  to  the  State  from  the 
grant  of  these  lands  by  Congress."  "  Shall  we  proceed  on, 
legislating  session  after  session  for  the  sole  benefit  of  the 
lessees  of  school  lands  at  the  expense  of  the  State?  Or 
shall  we  apply  to  the  general  government  for  authority  to 
sell  out  these  lands  as  fast  as  the  leases  expire  or  are  for- 
feited by  the  lessees?  Or  shall  we  entirely  surrender  these 
lands  to  present  occupants  with  a  view  to  avoid  in  future 
the  perpetual  importunity  of  these  troublesome  peti- 
tioners?" ^ 

As  a  result  of  this  report  the  Governor  was  empowered 
to  appoint  a  commission  of  seven,  who  investigated  the 
condition  of  the  lands  and  formulated  a  system  of  education. 
The  commission  reported  great  waste  committed  in  the 
school  lands  by  the  destruction  of  timber  and  the  practical 
inutility  of  attempting  to  secure  adequate  returns  under 
existing  laws;  they  admitted  that  many  of  the  acts  passed 
were  unconstitutional,  and  that  the  State  was  the  trustee, 
not  the  owner,  of  the  lands.  They  recommended  that  the 
lands  be  sold,  and  that  general  provisions  be  made  for  the 
organizing  of  public  schools.^  The  report  was  tabled,  but 
its  contents  were  made  a  political  issue  in  1824,  and  a  large 
majority  of  the  newly  elected  legislators  were  friendly  to 
its  proposals.  But  the  Legislature  soon  lapsed  into  its  old 
habits,  and  the  selling  of  the  lands  was  conducted  on  the 
same  principle  of  private  gain  as  the  leasing  had  been.  In 
many  of  the  townships,  especially  in  the  poorer  and  sparsely 
settled  portions  of  the  State,  where  the  money  was  most 
needed  for  schools,  the  lands  were  sold  for  trifling  sums. 

^  House  Journal,  1822.  '  Senate  Journal,  1825,  p.  218. 


32  ADMINISTRATION  IN  OHIO  [402 

The  first  report  of  Samuel  Lewis,  the  first  State  Superin- 
tendent of  Schools,  cautioned  the  Legislature.  "  The  ten- 
ant (of  school  lands)  may  surrender  his  lease,  and  on  pay- 
ing the  former  appraisement  take  a  deed  in  fee  simple  for 
the  land,  sometimes  worth  six  times  as  much  as  he  pays. 
Cases  have  come  to  my  knowledge  where  land  has  been 
taken  at  six  dollars  per  acre  worth  at  the  time  fifty  dollars ; 
the  tenants,  to  be  sure,  make  their  fortunes,  but  the  schools 
are  sacrificed."  ^  "  School  lands  have  been  sold  at  less  than 
a  dollar,  and  in  some  cases  at  less  than  fifty  cents  an  acre."  * 
And  he  recommended  that  lands  be  placed  in  charge  of  one 
State  officer,  who  should  devote  his  time  to  the  proper  dis- 
position of  the  lands. ^  Had  this  only  been  done  the  State 
might  to-day  have  a  splendid  endowment  for  her  public 
schools.  But  there  was  no  disposition  on  the  part  of  the 
lawmakers  to  place  so  much  authority  in  the  hands  of  one 
man. 

SCHOOL   TAXES 

The  income  from  the  school  lands  has  always  proved 
inadequate  for  the  support  of  the  schools.  There  are  two 
other  sources  of  revenue  for  the  common  schools  of  the 
State,  local  taxes,  and  the  State  common  school  fund,  raised 
by  a  State  levy. 

Local  taxation  was  first  developed.  In  1821  *  all  prop- 
erty in  any  township  or  school  district  was  made  liable  for 
school  taxes,  and  the  tax  was  limited  to  one-half  the  amount 
of  county  taxes.  In  1831  °  non-resident  property  holders 
were  also  taxed  for  the  maintenance  of  schools.  Amend- 
ments were  made  to  this  law  in  1825,*  authorizing  the  build- 
ing of  school  houses,  in  1827  '  limiting  the  sum  to  be  spent 

>  First  Report  Supt.  of  Schools,  p.  41 .  *  Ibid.  •  Ibid.,  p.  42-3. 

*  19  a  Z.,  p.  51.  •29aZ.,p.4i4. 

•  23  O.  L.,  p.  36.  »  25  O.  L..  p.  65. 


403]  PUBLIC  EDUCATION  33 

in  repairing  to  three  hundred  dollars,  and  requiring  a  two- 
thirds  vote  to  authorize  even  this  expenditure.  This  was  re- 
duced to  a  simple  majority  in  1838/  This  law  also  allowed 
the  purchase  of  a  site  for  school  buildings,  the  custom  having 
been  to  receive  such  site  by  gift.  The  purchase  of  furniture 
and  fuel  was  likewise  authorized  by  the  same  statute.  It 
was  usual,  and  made  a  duty  in  1834,  for  each  person  sending 
a  child  to  provide  his  portion  of  the  fuel.  However,  no 
child  was  refused  because  of  his  parents'  delinquency.  In 
1840  ^  the  price  of  the  fuel  became  a  charge  upon  the  parent 
or  guardian  refusing  to  furnish  his  quota,  the  directors 
being  empowered  to  collect  the  money  in  the  same  manner 
as  the  district  taxes. 

Until  1838  the  district  taxes  were  collected  by  district 
collectors,  but  in  that  year  the  directors  were  empowered  to 
authorize  the  county  treasurer  to  collect  them.  But  this 
provision  lasted  only  one  year,  and  a  district  collector  was 
chosen  until  1853,^  when  the  township  treasurer  was  made 
district  tax  collector.  Previous  to  1853  the  directors  had 
power  to  commute  any  tax  for  labor  or  material  used  in 
building  the  school  houses,  and  by  the  act  of  1827  *  two 
days'  labor  could  be  taken  in  lieu  of  one  dollar  tax.  This 
was  reduced  to  fifty  cents  in  1831  '  and  to  twenty-five  cents 
in  1836."     The  law  of  1838  established  no  minimum. 

Previous  to  1838  there  was  no  provision  for  an  annual 
budget.  Subsequent  to  that  year  it  was  prepared  by  the 
town  clerk  and  voted  on  at  the  annual  district  meeting. 
Since  1848^  the  district  clerk  makes  the  estimates;  the 
maximum  of  the  tax  has  usually  been  fixed  by  law,  and  has 
fluctuated  greatly.  In  1873  *  it  was  fixed  at  seven  mills, 
and  subsequent  legislation  has  practically  maintained  this 

» 26  o.  L.,  p.  21.  *  38  o.  L.,  p.  39.  » 51  o.  L.,  p.  429. 

«  25  O.  L.,  p.  65.  »  29  O.  L.,  p.  414.  •  34  O.  Z.,  p.  19. 

» 46  O.  L.,  p.  83.  •  70  O.  L.,  p.  195. 


34  ADMINISTRATION  IN  OHIO  [404 

limit  in  all  except  city  districts,  and  all  districts  may  now 
vote  to  bond  themselves  for  the  purpose  of  erecting  school 
houses. 

From  1825  to  1853  a  county  school  levy  was  customary. 
It  fluctuated  in  amount  from  one-half  mill  to  one  mill.  In 
1839  ^  this  was  made  optional,  and  less  than  one-fifth  of  the 
counties  took  advantage  of  it. 

The  first  State  school  tax  was  levied  in  1838.^  The  levy 
was  one-half  mill  on  every  dollar  of  taxable  property,  and 
aggregated  $200,000.  In  1842  '  it  was  reduced  to  $150,- 
000,  but  raised  in  185 1  *  to  $300,000.  The  rate  is  now  two 
mills.  At  various  times  revenues  from  sundry  sources  have 
been  applied  to  the  school  fund,  such  as  a  tax  on  lawyers, 
physicians,  peddlers  and  auctioneers." 

The  following  table  exhibits  the  total  receipts  for  school 
purposes  in  1901 : 

From  State  school  tax $1,783,258.32 

Income  from  lands 242,256.75 

Local  school  taxes 1 1,351,986.77 

From  sale  of  bonds 1,067,493.19 

From  all  other  sources 860,250.06 

Total ;$i  5,305,245.09 

This  same  year  the  average  tax  in  township  districts  was 
5.10  mills;  in  separate  or  special  districts,  7.98  mills.  The 
State  levy  was  two  mills. 

THE    DISTRICT 

The  simplest  unit  of  Ohio's  school  system  is  the  district. 
It  remains  to  this  day  an  almost  independent  unit,  with 
complete  authority  vested  in  its  School  Board.  The  process 
of  centralization  has  affected  it  only  in  the  unifying  of  city 
schools  and  the  creation  of  township  districts.     The  latter 

»37az.,p.6i.  « 360./.,  p.  85.  »4oaZ.,p.62. 

*  49  o.  Z.,  p.  40.  » 42  o.  L.,  p.  38. 


405]  PUBLIC  EDUCATION  25 

are  not  at  all  numerous,  and  the  former  constitute  inde- 
pendent municipal  districts.  The  history  of  the  legislation 
enacted  for  the  government  of  the  districts  is  not  simple. 
No  definite  policy  was  ever  adopted  by  the  State  of  Ohio 
for  the  regulation  of  its  school  system.  Indeed,  the  policy 
of  the  State  has  hardly  produced  a  system.  Segregation 
of  administrative  functions  and  a  continually  fluctuating 
mass  of  legislation  characterize  the  treatment  of  the  problem 
of  school  administration.  But  through  all  the  mutations 
of  the  laws  the  district  has  practically  remained  intact. 
Only  the  more  important  laws  can  be  here  cited. 

Fifteen  years  before  the  first  general  school  law  was 
passed,  the  General  Assembly  provided  that  the  trustees  of 
"  original  surveyed  "  townships  divide  the  same  into  suit- 
able school  districts  in  a  manner  "  best  suited  to  the  con- 
venience of  the  inhabitants."  ^  In  182 1  the  trustees  were 
made  to  submit  the  question  of  districting  the  township  to 
the  people,  and  if  no  vote  was  taken  a  neighborhood  con- 
taining twelve  or  more  households  could  petition  for  the 
creation  of  a  district.^  The  administrative  machinery  of 
this  primitive  district  consisted  of  a  school  committee  of 
three,  a  collector,  who  also  acted  as  treasurer,  and  a  clerk, 
all  elected  at  the  annual  district  meeting.  The  law  was 
optional,  and  Governor  Morrow  stated  that  this  rendered  it 
"  nugatory."  '  This  was  cured  in  1825  by  making  the  law 
obligatory  and  withholding  the  school  money  from  every 
township  not  properly  districted.*  The  obligation  remained 
unheeded,  for  this  law  was  re-enacted  ten  times  in  the  next 
twenty-six  years,  several  of  the  acts  setting  time  limits 
within  which  townships  must  be  redistricted,  but  these  hints 
were  scarcely  noticed,  and  the  next  session  of  the  Legisla- 
ture usually  extended  them  to  suit  the  delinquent  trustees. 

*  4  O.  Z.,  p.  69.  '  19  O.  L.,  p.  51.  ^Annual  Message  of  1823. 

*33  (?.Z.,p.36. 


36  ADMINISTRATION  IN  OHIO  [406 

The  administration  of  school  districts  was  not  simpHfied 
by  the  acts  authorizing  the  formation  of  districts  from  parts 
of  different  townships,  and  even  parts  of  different  counties, 
by  joint  action  of  the  several  boards  of  trustees.  The  first 
of  these  acts  was  passed  in  1825/  and  five  subsequent  acts 
continued  the  powers  of  the  trustees  to  create  or  alter  dis- 
tricts, so  that  considerable  confusion  has  resulted.  At  pres- 
ent any  district  of  the  State  can  be  altered  by  consent  of  the 
citizens  of  the  district  to  be  affected.  It  was  at  first  the 
duty  of  the  town  clerk  to  furnish  the  county  auditor  with  a 
map  and  census  of  the  districts  of  his  township,  but  in  1853  * 
this  devolved  upon  the  School  Boards. 

The  officers  of  the  district  remained  as  in  1805,  until 
1825,  when  only  three  directors  were  chosen  for  one  year. 
The  term  was  extended  to  three  years  in  1842,  and  they 
were  empowered  to  appoint  a  treasurer.  Subsequently  a 
clerk  was  chosen  from  among-  their  own  number,  and  the 
duties  of  the  treasurer  were  performed  by  this  clerk.  In 
1854  the  office  of  treasurer  was  restored,  but  only  for  two 
years.  Until  1853  all  school  offices  were  made  compulsory 
upon  those  who  had  been  duly  elected,  a  fine  being  levied 
upon  all  who  refused  to  serve. 

During  the  first  half  century  a  great  mass  of  special  legis- 
lation was  enacted,  organizing  all  manner  of  special  school 
districts.  No  attempt  at  uniformity  was  made,  neither  was 
classification  undertaken.  An  exception,  however,  to  this 
rule  was  the  law  of  1847,'  passed  for  the  city  of  Akron,  and 
hence  called  the  "  Akron  Law."  It  was  made  general  the 
following  year.  This  law  made  provision  for  the  organiz- 
ing of  districts  in  all  incorporated  towns.  It  provided  a 
Board  of  Education  of  six  members,  elected  for  three  years, 
to  have  complete  control  of  the  schools.  The  entire  cor- 
poration was  made  one  school  district.     The  board  reported 

*  23  O.  L.,  p.  36.  '51  O.  L.,  p.  72.  '45  Loeal  Laws,  p.  187. 


407]  PUBLIC  EDUCATION  37 

annually  to  the  City  Council  and  to  the  county  auditor. 
The  acceptance  of  this  form  of  school  management  was  left 
optional  with  the  municipalities,  and  only  about  one-half  of 
them  voted  to  organize  under  its  provisions. 

In  1 851  ^  a  general  revision  of  the  school  laws  wrought 
some  changes  in  the  country  or  township  district.  The 
annual  district  meeting  elected  three  directors  for  three 
years,  a  clerk  and  a  treasurer  for  one  year ;  the  directors  had 
corporate  powers  and  general  supervision  of  school  affairs 
and  property  and  the  school  taxes.  The  clerk  was  the 
keeper  of  records,  took  the  yearly  enumeration  of  school 
children,  and  furnished  the  county  auditor  with  the  required 
statistics.  The  treasurer  collected  the  taxes  and  reported 
to  the  county  auditor,  instead  of  the  township  treasurer. 
This  law  also  was  optional. 

Up  to  this  date,  then,  there  existed  three  varieties  of 
districts.  First,  the  special  act  districts,  depending  upon 
special  legislation.  These  comprised  about  one-third  of 
the  districts  of  the  State.  Their  forms  of  administration 
were  as  various  as  their  number.  Second,  the  School  Board 
districts,  organized  under  the  Akron  Law.  These  com- 
prised about  one-half  of  the  incorporated  towns  and  a  few 
unincorporated,  for  in  1849  the  act  was  extended  to  all 
villages  of  two  hundred  inhabitants  or  more.^  Third,  town- 
ship or  director  districts.  These  included  mostly  the  rural 
districts,  as  well  as  many  towns  that  had  failed  to  take 
advantage  of  the  "  Akron  Law  "  and  were  not  organized  as 
special  districts.  The  "  original  surveyed  "  townships  may 
be  included  in  this  group. 

As  the  law  of  1847  attempted  to  centralize  the  adminis- 
tration of  the  town  schools  in  one  School  Board,  so  the  law 
of  1853  ^  attempted  to  unify  the  schools  of  the  township  by 
creating  one  district  of  every  township.      The  townships 

»  49  0.  L.,  p.  27.  »  47  O.  Z.,  p.  45.  »  5 1  O.  L.,  p.  429. 


38  ADMINISTRATION  IN  OHIO  [408 

were  termed  districts,  and  the  previously  organized  districts 
were  called  sub-districts.  Each  sub-district  held  an  annual 
meeting  as  before  and  elected  three  directors,  one  of  whom 
was  to  act  as  clerk  and  one  as  chairman.  These  were  to 
have  charge  of  all  local  or  sub-district  matters  pertaining 
to  the  schools. 

The  township  board  consisted  of  the  township  clerk  and 
the  clerk  of  each  sub-district.  These  were  a  body  corporate, 
and  had  charge  of  all  the  school  property  in  the  township. 
They  could  create  new  sub-districts,  had  control  of  the  town- 
ship or  union  high  school,  where  one  had  been  organized, 
and  had  supervisory  powers  over  the  sub-districts.  All  the 
teachers  in  the  township  reported  to  the  town  clerk,  and  all 
the  boards  reported  the  required  statistics  to  the  county 
auditor.  The  consent  of  the  electors  was  needed  before  a 
township  high  school  could  be  established.  A  township 
budget  was  prepared  by  the  board,  and  all  funds  were  paid 
through  the  township  treasury.  This  was  a  step  toward 
centralization,  but  it  was  a  compromise  measure  and  never 
worked  well,  though  it  has  not  been  wholly  repealed. 

The  schools  were  practically  under  the  control  of  two 
boards.  "  The  constant  conflict  of  authority  between  the 
members  of  the  Board  of  Local  Directors  and  the  Township 
Boards  was  a  constant  annoyance  and  hindrance  to  effective 
work  in  the  schools."  ^  The  hope  that  many  township  high 
schools  would  be  organized  under  this  act  was  not  realized. 
Subsequent  changes  lessened  the  powers  of  the  township 
boards,  and  by  custom  they  became  merely  perfunctory 
bodies,  the  sub-district  retaining  the  control  of  its  schools. 
For  a  time  the  Township  Board  even  appointed  all  the 
teachers  for  the  township  schools,  but  in  response  to  popular 
clamor  against  "  one  man  power  "  this  provision  was  soon 
repealed,  and  the  sub-district  system  continued  under  the 

*j^A  Report  State  Commissioner  0/ Schools,  p.  34. 


409]  PUBLIC  EDUCATION  39 

anomalous  form  of  a  township  organization.  Concerning 
the  county  schools,  the  State  Commissioner  affirmed  in  i860, 
"  Those  best  acquainted  with  these  schools  have  little  hope 
of  improvement,  to  any  great  extent,  so  long  as  this  sub- 
district  system  is  continued."  ^  In  that  year  there  were 
3200  local  directors  and  1300  members  of  Township  Boards, 
an  unwieldy  number  of  officials.  Many  of  the  schools  were 
so  small  that  both  the  hiring  of  efficient  teachers  and  the 
continuing  of  school  for  the  legal  number  of  weeks  seemed 
almost  impossible.  Often  there  were  only  eight  pupils  en- 
rolled, almost  one  school  officer  for  each  pupil.  ^  In  1892  * 
the  Township  Board  was  given  the  powers  of  the  local 
directors,  and  thus  the  friction  between  the  sub-district  and 
township  officers  was  stopped.  The  Township  Board  was 
especially  authorized  to  appoint  township  superintendents 
and  erect  township  high  schools.  The  law  was  successful, 
and  in  three  years  several  hundred  townships  had  responded 
to  the  provisions  for  the  organizing  of  graded  schools. 
But  the  people  again  feared  that  the  power  given  to  the 
Township  Board  was  too  great,  and  in  compliance  with  a 
general  demand  the  law  was  revised  in  1897,  and  so  modi- 
fied that  the  Township  Board  is  now  more  an  advisory  than 
administrative  body.  Three  standing  committees  are  re- 
quired by  law,  one  on  teachers  and  text-books,  another  on 
buildings  and  grounds,  and  a  third  on  supplies.  These 
committees  can  only  recommend;  the  power  of  the  Town- 
ship Board  is  gone. 

A  more  encouraging  attempt  to  solve  the  problem  of  the 
rural  school  is  the  entire  abandonment  of  the  sub-districts 
and  centralizing  all  the  schools   in  one  central  building. 

^2jth  Annual  Report,  p.  53. 

'As  early  as  1851,  there  were  1,000  more  districts  in  Ohio  than  in  New  York, 
though  the  latter  State  was  older,  and  larger  both  in  area  and  population. 
•89  a  Z.,  p.  93. 


40  ADMINISTRATION  IN  OHIO  [41O 

This  was  first  attempted  by  Kingsville  township,  Ashtabula 
county,  under  special  act  of  the  Legislature.  Later  this  act 
was  made  permissive  for  five  counties  enumerated  in  the 
law,  and  finally,  in  1898,  the  law  was  made  general/  It 
was  amended  in  1900,  committing  the  question  of  consolida- 
tion to  the  voters.  A  Township  Board  of  five  members  is 
elected  at  large  for  three  years;  the  township  clerk  and 
treasurer  are  ex-officio  members  of  this  board.  The  board 
has  complete  charge  of  the  schools,  and  awards  the  contract 
for  conveying  the  children  to  the  school  house.  The  com- 
missioner reports  the  satisfactory  operation  of  this  law.' 
It  insures  better  schools,  longer  sessions,  better  attendance, 
more  efficient  instruction,  better  apparatus  and  libraries, 
and  greater  economy.  It  is,  of  course,  optional  with  the 
communities  whether  they  will  consolidate  their  schools. 
The  movement  has  not  become  at  all  general. 

In  1873  ^  a  new  movement  toward  intricate  and  meaning- 
less classification  began,  and  this  has  reached  a  culmination 
in  the  law  of  1890.*  The  following  table  exhibits  this 
complexity  of  districts: 

City  Districts — 

First  class,  first  grade,  cities  of  250,000  or  more — Cincinnati.* 

First  class,  second  grade,  cities  of  150,000-250,000 — Cleveland. 

First  class,  third  grade,  cities  of  100,000-150,000 — ^Toledo. 

First  class — 10,000-100,000. 

Second  class — under  10,000. 
Village  Districts. 
Special  Districts. 
Township  Districts. 
Sub-Districts. 

The  city  districts  are  all  organized  under  their  own  re- 

>  96  O.  Z.  *  48th  Report,  p.  1 8. 

•  70  O.  Z.,  p.  195.  *  95  O.  Z.,  p.  1 1 5. 

*This  classification  is  not  based  on  census  of  1900,  but  on  the  classification  of 
cities.      Vid.  Introduction. 


41 1 ]  PUBLIC  EDUCATION  4I 

spective  charters.  The  village  districts  have  a  board  of  three 
or  six  elected  for  three  years.  The  special  districts  usually 
have  a  board  of  three  directors.  The  township  and  sub- 
district  organizations  have  been  explained.  This  classifi- 
cation is  evidently  an  attempt  to  create  general  order  out  of 
a  chaos  of  inconsistent  special  legislation.^ 

In  the  district  legislation  and  administration  two  weak- 
nesses stand  out  prominently ;  the  more  advanced  provisions 
were  usually  made  optional,  and  there  has  been  little  attempt 
to  create  a  responsible  administrative  head  with  consider- 
able power  to  enforce  the  laws  or  encourage  advanced 
methods.  While  purely  permissive  legislation  in  school 
organization  may  be  better  than  none,  it  requires  the  vigi- 
lance and  interest  of  a  competent  overseer  to  give  it  wide- 
spread acceptance.  Few  of  the  permissive  laws  relating 
to  school  betterment  have  had  a  general  adoption.  Many 
were  re-enacted,  often  a  score  of  times,  the  laws  of  the  State 
being  congested  with  statutes  relating  to  schools;  but  with- 
out adequate  supervision  their  provisions  have  remained 
useless. 

SCHOOL   SUPERVISION 

This  leads  directly  to  the  vital  point  in  school  adminis- 
tration, viz.,  adequate  and  competent  superintendence,  both 
local  and  State.     In  both  respects  Ohio  is  found  wanting. 

STATE   SUPERINTENDENCE 

The  first  attempt  at  State  supervision  was  made  in  1837,' 
with  the  establishment  of  the  office  of  Superintendent  of 
Common  Schools.  The  Legislature  appropriated  five  hun- 
dred dollars  for  the  salary  and  defined  the  duties  of  the 
officer.     These  were  mainly  the  gathering  of  information 

*  In  1850,  there  were  passed  58  local  school  laws;  a  fair  arerage  of  the  Legiila- 
tvre's  work. 
«35  0.Z.,p.  82. 


42  ADMINISTRATION  IN  OHIO  [412 

and  the  suggesting  of  a  plan  for  the  betterment  of  the 
schools.  The  first  superintendent  appointed  by  the  Legis- 
lature was  Samuel  Lewis.  He  entered  upon  his  duties  the 
same  year  that  Horace  Mann  assumed  a  similar  office  in 
Massachusetts.  His  strong  personality,  great  industry, 
comprehensive  mind  and  winning  eloquence  allied  him  to  the 
famous  New  England  champion  of  free  schools.  And  there 
can  be  no  doubt  that  his  influence  has  to  a  large  degree 
shaped  the  school  system  of  the  State.  His  first  and  second 
reports  take  rank  among  the  educational  papers  of  our  coun- 
try, and  they  were  printed  in  a  number  of  the  Eastern  States. 
They  emphasized  at  once  the  faults  of  the  schools  and  their 
remedies,  and  outlined  a  system  of  education  well  in  advance 
of  the  ideals  of  that  day,  and  unto  which  the  State  has  not 
yet  attained. 

Excepting  the  disposition  of  the  school  lands  and  the 
enacting  of  special  school  laws,  very  little  had  been  done 
toward  establishing  a  State  school  system  prior  to  1836. 
The  act  of  1821  was  so  indefinite  in  its  provisions,  and 
purely  optional  upon  localities,  that  it  remained  a  dead  letter. 
In  1826  the  Governor  complains  of  the  delinquency  of  the 
State  in  educational  matters.  "  Measures  for  improvement 
in  their  regard  have  been  a  standing  theme  of  executive 
communication,  ever  since  the  commencement  of  our  gov- 
ernment." ^  This  complaint  was  repeated  annually,  and 
ten  years  later  the  Governor's  message  affirmed  that  "  Our 
system  of  education  is  languishing  in  proportion  to  our 
other  improvements,"  ^  and  he  recommended  that  the  mem- 
bers of  the  Legislature  read  Victor  Cousin's  report  on  Euro- 
pean education,  which  had  recently  been  published,  and  that 
they  act  accordingly.  This  was  a  lofty  ideal  for  that  body, 
accustomed  to  playing  with  educational  matters.  It  however 
authorized  the  publishing  of  the  school  laws;  and  learning 

» Senate  journal,  1 826,  p.  8.  » Ibid.,  1 836,  p.  1 1. 


413]  PUBLIC  EDUCATION  43 

that  Professor  C.  E.  Stone,  of  Cincinnati,  was  about  to  start 
for  Europe  they  requested  him  to  gather  information  con- 
cerning the  school  systems  of  the  Continent.  His  report 
was  pubHshed  by  the  State  in  1838.  It  dealt  with  the  train- 
ing of  teachers  and  school  discipline  rather  than  adminis- 
tration. It  had  no  direct  effect  upon  the  Legislature.  At 
the  time,  then,  of  the  creation  of  the  office  of  State  Superin- 
tendent of  Schools,  such  public  schools  as  had  been  estab- 
lished were  practically  waifs,  neglected  by  the  State  and 
poorly  cared  for  by  the  localities. 

There  was  no  standard  of  education.  Every  locality 
was  an  authority  unto  itself,  and  since  there  were  no  means 
provided  for  the  enforcement  of  such  laws  as  had  been 
enacted,  they  were  allowed  to  remain  unenforced.  There 
were  very  few  localities  in  the  State  where  the  free  schools 
provided  proper  instruction  even  in  the  common  branches. 
The  better  schools  were  not  free.  "  In  one  town  a  free 
school  is  taught  three  months  in  the  year  by  one  teacher  in 
a  district  where  more  than  one  hundred  children  desire  to 
attend;  they  rush  in  and  crowd  the  school  so  as  to  destroy 
all  hope  of  usefulness ;  the  wealthy  and  those  in  comfortable 
circumstances  seeing  this,  withdraw  their  children  or  never 
send  them ;  the  school  thus  receives  the  name  of  a  school  for 
the  poor  and  its  usefulness  is  destroyed."  ^  This  was  typ- 
ical of  nearly  all  the  schools  of  the  State.  It  was  the  rule 
to  keep  school  as  long  as  the  State  money  lasted,  and  then 
those  who  desired  their  children  to  continue,  were  charged  a 
tuition,  and  the  children  of  the  poor  were  left  uncared  for. 
In  most  of  the  districts  accommodations  were  not  large 
enough  for  all  and  the  poor  were  crowded  out,  the  teacher 
naturally  favoring  those  who  paid  tuition. 

In  other  localities  the  teachers  received  a  portion  of  the 
public  money  at  a  fixed  rate  per  scholar,  which  they  de- 

»  First  Report  Supt.  of  Schools. 


44  ADMINISTRATION  IN  OHIO  [414 

ducted  from  the  price  of  tuition.  This  virtually  made  a 
private  school.  In  other  districts  the  school  money  was 
kept  for  several  years,  until  enough  had  been  accumulated  for 
conducting  a  free  school  from  three  to  six  months  in  one  year, 
so  that  the  school  was  taught  only  one  year  in  two  or  three. 
The  average  number  of  weeks  that  school  was  conducted 
was  less  than  twenty.  The  education  of  women  was  almost 
entirely  neglected.  The  provisions  of  the  law  granting 
power  to  the  districts  to  tax  themselves  for  school  purposes 
were  rarely  availed  of,  and  the  money  derived  from  the 
school  lands  was  wholly  inadequate  for  the  support  of  the 
schools.  The  State  fund  was  distributed  according  to  the 
valuation  of  the  district,  not  according  to  the  number  of 
pupils ;  thus  a  few  of  the  townships  received  four  dollars  per 
scholar  while  others  received  less  than  ten  cents  per  scholar. 
The  administrative  machinery  of  the  districts  was  irre- 
sponsible and  inordinately  clumsy.  In  1836  there  were 
7,748  districts  and  38,740  school  officers.  Their  power  was 
very  limited,  both  in  regard  to  locating  schools  and  hiring 
efficient  teachers  and  levying  taxes.  Yet  the  amount  of 
ministerial  detail  prescribed  for  them  was  so  great  that  "  the 
amount  of  time  now  required  by  law,  if  the  officers  did  their 
duty,  will,  if  computed  at  the  average  price  of  a  day  laborer, 
amount  to  a  heavier  tax  than  is  assessed  in  money  for  the 
support  of  the  school."  ^  Neither  was  there  uniformity  in 
the  size  of  the  districts.  Many  were  too  small,  and  their 
boundaries  so  loosely  fixed  that  it  was  difficult  to  properly 
tax  them  for  school  purposes.  Whenever  a  school  house 
became  crowded  it  was  the  custom  to  divide  the  district. 
Many  of  them  were  formed  of  parts  of  several  townships 
in  adjoining  counties,  so  that  some  district  treasurers  were 
compelled  to  go  to  two  county  seats,  sometimes  traveling 
one  hundred  miles  to  get  ten  or  twenty  dollars. 

1  First  Report  Supt.  of  Schools. 


415]  PUBLIC  EDUCATION  45 

It  was  the  custom  to  depend  on  gifts  for  school  houses 
and  sites,  or  if  these  were  not  forthcoming  to  wait  until 
enough  money  had  accumulated  to  pay  for  a  building,  which 
was  usually  miserably  built.  There  was  no  public  interest 
in  the  schools;  the  directors  were  accustomed  to  hold  office 
without  re-election,  and  district  treasurers  often  received 
funds  for  their  districts  when  no  schools  were  kept  in  those 
districts.  In  some  localities  elections  had  not  been  held  for 
years,  the  old  officers  continuing  to  serve,  and  no  reports 
were  made  by  them  to  any  one  as  to  the  disposal  of  the  pub- 
lic moneys  entrusted  to  their  care.  All  of  these  conditions 
led  to  the  establishing  of  private  schools  and  academies. 
In  Cincinnati  alone  there  were  one  hundred  such  schools  in 
1837.^  The  first  report  of  the  superintendent  recommended 
that  these  defects  be  remedied  by  specific  legislation.  His 
principal  suggestions  were: 

a.  That  the  schools  be  made  free. 

b.  That  the  number  of  school  officers  was  too  great  and 
their  powers  too  limited. 

c.  That  the  school  districts  should  be  uniform  and  their 
boundaries  fixed. 

d.  That  the  township  be  made  the  unit  of  school  adminis- 
tration; the  township  clerk  to  be  the  clerk  of  a  Township 
Board  to  be  elected ;  the  township  treasurer  to  have  in  charge 
all  the  school  funds;  and  the  Township  Board  to  be  em- 
powered to  establish  a  high  school  or  academy  and  night 
schools,  and  adopt  uniform  text-books  for  the  entire  town- 
ship. 

e.  That  a  school  fund  be  created  by  direct  tax. 

f.  That  the  building  of  school  houses  be  simplified  by 
permitting  each  district  to  borrow  the  money  necessary  for 
that  purpose. 

» Atwater,  Hist,  of  Ohio,  p.  297. 


46  ADMINISTRATION  IN  OHIO  [416 

g.  That  the  office  of  County  Superintendent  be  estab- 
lished. 

h.  That  the  County  Courts  appoint  Boards  of  Examiners 
to  examine  teachers,  and  that  a  Normal  School  be  estab- 
lished. 

i.  That  the  powers  of  the  State  Superintendent  be  in- 
creased to  give  him  centralized  control  over  the  entire  sys- 
tem of  education. 

j.  That  the  legislation  enacted  be  final  for  a  definite 
period  of  time,  the  fluctuating  policy  of  the  Legislature 
working  much  harm  throughout  the  State, 

k.  That  the  law  prescribe  the  number  of  weeks  the  schools 
should  be  in  session,  and  compel  the  attendance  of  children. 

As  a  result  of  this  report  the  law  of  1838  was  passed.  It 
embodied  only  a  few  of  the  above  suggestions.  The  schools 
were  declared  free.  The  district  officers  were  to  be  elected 
at  an  annual  district  meeting.  The  township  treasurer  was 
made  responsible  for  the  school  funds.  The  districts  were 
allowed  to  borrow  money  to  build  school  houses.  The  town 
clerk  was  made  superintendent  of  schools  in  his  township, 
with  power  to  visit  each  school  at  least  once  a  year  and 
examine  it,  and  he  could  fill  vacancies  in  local  boards.  He 
reported  to  the  county  auditor,  who  was  made  the  County 
Superintendent  of  Schools.  The  salary  of  the  State  Super- 
intendent was  raised  to  twelve  hundred  dollars,  and  he  was 
invited  to  suggest  a  plan  for  establishing  a  State  Normal 
School.  The  superintendent  the  following  year  visited 
every  county  in  the  State,  no  small  task  in  those  pioneer 
days,  and  what  influence  the  law  withheld  he  more  than 
supplemented  by  his  personal  enthusiasm  and  tireless  energy. 
The  results  showed  what  even  limited  supervision  can  ac- 
complish. 

Mr.  Lewis  resigned  after  three  years  of  labor.  His  work 
had  not  been  appreciated,  and  his  health  was  broken  down 


417]  PUBLIC  EDUCATION  47 

because  of  the  constant  exposure  to  which  his  work 
committed  him.  During  his  term  of  office  3,265  school 
houses  were  built,  the  number  of  schools  increased  from 
4,336  to  7,295,  and  the  value  of  their  property  from 
$61,890  to  $206,445.  The  enrollment  was  doubled,  a 
State  school  tax  was  levied,  the  amount  paid  for  tuition 
increased  from  $317,730  to  $701,691,  teachers'  institutes 
were  organized,  the  State  school  laws  were  codified  and 
printed,  a  State  educational  journal  was  published,  a  uni- 
form reporting  system  was  inaugurated,  and  public  interest 
awakened  in  the  free  schools. 

There  was  much  agitation  against  the  law  of  1838  because 
of  its  radical  nature,  and  this  favorable  beginning  was 
checked  in  1840  by  the  abolition  of  the  office  of  State  Super- 
intendent,^ the  duties  of  the  office  being  transferred  to  the 
Secretary  of  State,  who  was  allowed  four  hundred  dollars 
annually  for  extra  clerk  hire.  In  reality  the  additional  clerk 
became  the  head  of  the  State  schools,  and  his  activities  were 
chiefly  the  gathering  and  compiling  of  statistics.  The  other 
duties  of  the  Secretary  of  State  were  ample  enough  to  engage 
all  his  time.  There  wa's  an  immediate  falling  off  in  school 
efficiency  and  interest.  By  1844  only  a  little  over  half  of 
the  counties  reported;  the  lack  of  State  supervision  was 
reflected  in  the  inefficiency  of  township  and  county  superin- 
tendence.    Teachers'  institutes  declined.* 

Samuel  Galloway  was  the  first  of  the  Secretaries  to  face 
the  problem.  He  clearly  describes  the  situation  in  his  first 
report :  "  No  other  interest  of  the  State  has  been  so  fearfully 
neglected,  and  any  other  visited  with  such  chilling  indiffer- 
ence would  have  hopelessly  perished.  The  common  school 
system  was  started  under  favorable  auspices,  and  enjoyed, 
during  the  earlier  stages  of  its  infancy,  the  kind  protection 
of  '  nursing  fathers  and  nursing  mothers.'-    But  -for  a  few 

*  38  O.  Z.,  p.  130.  '  Executive  Document,  1844,  No.  31. 


48  ADMINISTRATION  IN  OHIO  [418 

years  past  it  has  been  doomed  to  an  orphanage — gradually 
deepening  into  the  bitterness  of  its  destitution.  Condemned 
by  many,  neglected  by  all,  and  actually  patronized  by  but 
few,  it  must  sink  into  insignificance,  unless  it  is  speedily 
quickened  by  the  impulse  of  a  new  life  .  .  .  .  the  principal 
obstacles  ....  are  the  inefficiency  of  township  and  dis- 
trict superintendents,  the  incompetency  of  teachers,  and  the 
absence  of  action,  sympathy  and  interest  on  the  part  of  the 
parents."  ^ 

Mr.  Galloway  proved  that  even  a  superintendent  without 
legal  powers  can  do  great  things  in  school  organization  if 
possessed  of  ability  and  enthusiasm.  The  response  came 
from  the  teachers  and  parents,  not  from  the  Legislature. 
The  teachers  of  the  State  organized  a  State  association  in 
1847.  They  repeatedly  petitioned  the  Legislature  to  re- 
create the  office  of  State  Superintendent.  Failing  in  effect- 
ing this  they  raised  the  money  among  themselves  to  pay  for 
State  supervision,  and  elected  one  of  their  number  as  State 
agent,  or  missionary,  to  work  principally  in  arousing  the 
parents  to  co-operate  with  the  teachers.  In  contrast  to  the 
salary  paid  Samuel  Lewis  were  the  three  thousand  dollars 
they  paid  to  this  voluntary  superintendent.  Thus  was  the 
lack  of  State  centralized  control  supplemented  by  voluntary 
action  on  the  part  of  private  individuals.  In  1850  the  Leg- 
islature created  a  State  Board  of  Instruction,  to  be  appointed 
by  the  Legislature,  which  should  have  thorough  supervision 
over  the  schools,  the  examination  of  teachers  and  the  dis- 
bursement of  the  school  fund.  But  the  law  remained  a 
nullity  for  the  peculiar  reason  that  the  L^islature  never 
appointed  the  board. 

In  1853  ^  the  office  of  Superintendent  of  Schools  was  re- 
newed under  the  name  of  "  State  Commissioner  of  Common 
Schools."     The  Commissioner  is  elected  for  a  term  of  three 

» Xefert  Stc.  State,  1844,  p.  5.  •  51  O.  L.,  p.  429. 


419]  PUBLIC  EDUCATION  ^g 

years,  and  his  salary  at  present  is  $2,000  a  year.  He  is  re- 
quired "  to  spend  annually  at  least  ten  days  in  each  judicial 
district  of  the  State,  superintending  and  encouraging  teach- 
ers' institutes,  conferring  with  township  Boards  of  Education 
or  other  school  officers,  counseling  teachers,  visiting  schools, 
and  delivering  lectures  on  topics  calculated  to  subserve  the 
interests  of  popular  education."  ^  He  is  given  power  to 
purchase  libraries  for  township  schools,  to  prepare  forms  for 
making  school  reports,  to  distribute  the  school  laws,  to 
require  county  auditors  or  any  other  school  officers  to  fur- 
nish him  with  such  information  regarding  schools  as  he 
may  require,  and  to  have  general  supervision  over  the  school 
fund.  He  reports  annually  to  the  Governor,  and  appoints 
the  State  Board  of  Examiners.  In  1872  he  was  empowered 
to  order  a  new  enumeration  of  school  youth  whenever  he 
thinks  that  errors  in  previous  enumeration  make  it  essential.' 
His  most  important  duty  is  the  supervision  of  the  State 
school  funds.  The  act  of  1872  requires  ^  that  he  shall 
exercise  "  such  supervision  over  the  educational  funds  of 
the  State  as  may  be  necessary  to  secure  their  safe  and  right 
application  and  distribution  according  to  law."  Upon 
complaint  being  made  under  oath  by  three  freeholders  of  a 
district  concerning  a  wrongful  use  of  school  funds,  the  State 
Commissioner  must  institute  an  investigation.  An  adverse 
report  is  given  to  the  grand  jury.  Since  the  revision  of  the 
compulsory  education  act  in  1893  *  the  State  Commissioner 
sends  to  the  local  boards  throughout  the  State  "  regulations 
and  suggestions  for  the  instruction  and  guidance  "  of  the 
local  board,  teachers  and  officers  charged  with  the  enforce- 
ment of  the  law.  Although  the  issuing  of  these  regulations 
is  obligatory  upon  the  commissioner,  the  officers  are  not 
bound  to  follow  them. 

'  51  O.  L.,  sec.  50.  *  70  O.  L.,  p.  195. 

»  Jbid.,  sec.  106.  *  90  a  L.,  p.  285. 


50  ADMINISTRATION  IN  OHIO  [420 

The  State  Commissioner  is  in  reality  not  a  superintendent 
at  all.  His  title  is  not  a  misnomer.  His  power  is  moral. 
He  cannot  compel  obedience.  The  high  degree  of  central- 
ized supervision  as  developed  in  New  York,  Massachusetts 
and  nearly  all  other  States  has  not  been  approached  in  Ohio. 

LOCAL   SUPERVISION 

Nor  has  the  State  evolved  an  eflficient  system  of  county 
and  township  supervision.  Since  the  passage  of  the  "Akron 
Law,"  municipalities  have  had  city  superintendents.  The 
laws  now  in  force  place  the  schools  in  the  complete  control  of 
the  Boards  of  Education,  and  these  prescribe  the  powers  of 
the  local  superintendent.  No  doubt  much  of  the  efficiency  of 
the  Ohio  schools  is  due  to  these  local  superintendents.  They 
aid  in  training  their  teachers,  thus  supplying  a  need  the 
State  has  long  neglected;  they  are  the  skilled  advisers  of 
their  Boards  of  Education  on  all  matters  pertaining  to 
schools;  they  conduct  teachers'  institutes,  and  they  set  the 
standard  for  teachers'  examinations,  a  function  not  yet 
undertaken  by  the  State.  The  plan  of  making  the  township 
clerk  the  superintendent  of  the  township  schools,  as  attempted 
in  1838,  did  not  work.  The  reports  of  the  State  Super- 
intendents are  uniform  in  their  complaints  that  the  town 
clerks  do  not  visit  the  schools,  and  fail  to  exercise  any  super- 
vising influence.  In  later  years,  in  those  townships  that 
have  adopted  the  township  plan  and  have  centralized  their 
schools,  centralized  supervision  is  secured  through  the  town- 
ship principal. 

County  superintendence  has  been  the  continual  demand  of 
the  educators  since  the  establishment  of  free  schools  in  the 
State.  It  is  significant  that  from  the  first  report  of  Samuel 
Lewis  to  the  last  report  of  the  present  State  Commissioner, 
the  one  request  made  of  the  Legislature,  persistently  and 
earnestly,  has  been  for  adequate  county  supervision.     Gov- 


42 1  ]  PUBLIC  EDUCATION  ^I 

ernors  have  joined  in  the  demand,  often  devoting  many 
paragraphs  of  their  annual  messages  to  the  subject.  The 
State  Teachers'  Association  and  the  various  county  associa- 
tions have  repeatedly  petitioned  for  it.  But  to  all  these 
influences  the  Legislature  has  remained  irresponsive. 

The  law  of  1847  ^  is  the  one  exception.  This  authorized 
the  county  commissioners  to  appoint  a  county  superintendent 
of  schools,  if  they  wished.  Only  three  counties  ever  availed 
themselves  of  this  opportunity.  Perhaps  the  Legislature  is 
not  so  much  at  fault  as  the  local  authorities.  The  county 
commissioners  are  an  elected  board,  and  hence  dislike  to 
incur  the  displeasure  of  their  constituents  by  increasing  the 
tax  to  the  amount  necessary  to  pay  for  county  supervision. 
This  law  has  not  been  repealed.  I  find  no  record  that  any 
county  auditor  ever  actively  supervised  the  schools  of  his 
county  as  provided  by  the  law  of  1838  and  several  subse- 
quent enactments.  The  auditors  even  neglected  the  making 
of  required  reports  to  the  State  Superintendent.  In  order 
to  secure  statistics  it  became  necessary  to  compel  the  teachers 
to  report  to  the  district  treasurer  before  they  could  draw 
their  quarterly  pay.^ 

Concerning  the  situation,  Governor  Cox  made  the  follow- 
ing recommendation  in  his  message  of  1866,  after  careful 
personal  investigation :  "  I  believe  that  a  great  majority  of 
the  most  active  and  intelligent  friends  of  our  common  school 
system  have  become  convinced  that  the  administration  of 
school  affairs  should  be  separated  from  the  ordinary  town- 
ship and  county  offices,  and  that  county  superintendents  of 
schools  are  necessary  to  give  the  greatest  validity  to  the 
system,  not  only  by  guiding  the  general  instruction  and  dis- 
cipline of  the  several  schools,  but  in  personally  attending 
to  the  collection  of  those  reports  of  facts  upon  which  gov- 

*  45  o.  z.,  p.  67.  » 46  o.  L.,  p.  28. 


52  ADMINISTRATION  IN  OHIO  [422 

emmental  action  is  based."  ^  Reference  is  continually  made 
in  the  reports  of  the  commissioners  to  the  educational  sys- 
tems of  New  York,  Pennsylvania  and  Massachusetts.  Per- 
haps no  better  evidence  can  be  gathered  of  the  need  of  cen- 
tralized supervision  in  school  matters  than  the  reports  of  the 
commissioners.  Their  general  tenor  is  shown  by  the  fol- 
lowing extracts : 

"  The  weakness  of  the  Ohio  school  system,  so  far  as  the 
county  schools  are  concerned,  lies  in  the  lack  of  system  and 
superintendence."  * 

"  Responsibility  of  school  management  should  be  fixed 
somewhere."  ' 

"  Other  States  have  gone  on  improving  and  perfecting 
their  school  system  while  Ohio,  from  this  date  of  mark 
(1838)  has  seemed  almost  to  stand  still.  In  essentials  she 
has  done  nothing  in  the  way  of  legislation  within  the  last 
thirty-five  years.  Indeed  in  one  important  particular,  the 
township  schools  have  retrograded;  for  under  the  law  of 
1853,  each  school  district  was  entitled  to  a  free  library."  * 

"  Intelligent  friends  of  education,  from  all  parts  of  the 
State  call  for  something  to  be  done  in  this  direction."  ° 

"  The  two  imperative  needs  of  the  rural  school  are  pro- 
fessional training  for  its  teachers,  and  intelligent  and  effi- 
cient school  supervision."  ' 

"  The  fact  that  Ohio  is  to-day  almost  the  only  State  in 
the  Union  without  some  kind  of  supervision  for  the  county 
schools  is  due  very  largely  to  the  fact  that  for  forty  years 
these  schools  were  under  the  control  of  two  Boards  of  Edu- 
cation— the  result  of  a  compromise  between  those  favoring 
the  sub-district  as  an  educational  unit,  and  those  who  be- 

'^  Executive  Documents,  1866,  vol.  i,  p.  278. 

•  j/f/  Report  of  Slate  Commissioner,  p.  5. 

*32d  Report  of  State  Commissioner,  p.  3.  *  Ibid.^  35,  p.  17. 

•  md.,  yit  p.  15.  •  Ibid.,  44,  p.  34. 


423]  PUBLIC  EDUCATION  c^ 

lieved  that  the  township  should  be  the  unit  of  organiza- 
tion." ^ 

**  Ohio  can  never  have  a  school  system  commensurate  with 
her  greatness  as  a  State,  until  she  has  placed  her  country 
schools  under  intelligent  supervision."  ^ 

This  lack  of  legal  supervision  is  somewhat  offset  by  the 
activity  of  county  teachers*  institutes  and  the  exercise  of 
careful  judgment  by  the  Board  of  County  Examiners.^ 

COMPULSORY  ATTENDANCE 

The  problem  of  school  attendance  was  not  attacked  by  the 
State  until  1827,  when  the  first  compulsory  educational  law 
of  the  State  was  passed.*  It  required  parents  to  send  their 
children  between  the  ages  8-14  to  a  common  school  at  least 
twelve  weeks  in  a  year,  unless  excused  for  certain  reasons 
by  the  Board  of  Education,  but  its  exceptions  were  broad, 
and  no  proper  authority  was  designated  to  secure  its  enforce- 
ment. The  result  was  that  it  was  only  partially  successful 
in  reaching  the  large  number  of  truants.  The  revision  of 
1889  ®  made  the  law  more  comprehensive.  All  children 
between  the  ages  of  eight  and  fourteen  are  now  compelled 
to  attend  school  twenty  consecutive  weeks  in  the  year  in 
city  districts  and  sixteen  weeks  in  the  township  districts, 
unless  excused  by  the  superintendent  of  schools  in  the  city 
or  Board  of  Education  in  the  county.  All  minors  over 
fourteen  and  under  sixteen  who  cannot  read  or  write  are 
compelled  to  attend  school  at  least  one-half  of  each  day,  or 
such  evening  schools  as  may  be  provided  by  the  Board  of 
Education. 

All  habitual  truants  are  deemed  juvenile  delinquents,  and 
may  be  sent  to  the  State  Reformatory.  Failure  on  the  part 
of  the  parents  or  guardian,  or  of  employers  of  children,  to 

^S4lfi  Report  of  State  Commissioner ,  p.  6.  '  Ibid.,  36,  p.  5. 

*Ibid.,  29,  p.  17.  *  74  O.  Z.,  p.  57.  »  86  O.  L.,  p.  333. 


54  ADMINISTRATION  IN  OHIO  [424 

comply  with  these  provisions  is  made  a  misdemeanor.  The 
enforcement  of  the  law  is  entrusted  to  the  Boards  of  Educa- 
tion. In  cities  truant  officers  are  elected  who  have  the  powers 
of  constables.  In  villages  and  townships  the  Boards  desig- 
nate a  constable  to  enforce  the  law.  These  officers  have 
power  to  enter  the  home  or  place  of  employment  and  compel 
the  child  to  attend  school.  The  truant  officers  report  daily  to 
the  superintendent  of  schools  and  the  clerk  of  the  board.  All 
teachers  likewise  report  all  cases  of  delinquencies  to  the 
clerk.  An  amendment  the  following  year  made  all  youth 
between  the  ages  of  eight  and  sixteen,  who  are  not  engaged 
in  regular  employment,  subject  to  the  law.^  In  1893  appeal 
was  granted,  in  case  the  superintendent  of  schools  or  the 
Board  of  Education  refuse  to  excuse  a  child  from  school,  to 
the  Probate  Judge.  ^ 

Employers  may  now  make  provision  for  private  instruc- 
tion of  minors  employed  by  them,  subject  to  the  supervision 
of  the  local  superintendent  of  schools  or  the  clerk  of  the 
Board  of  Education.  The  fines  for  violations  have  been 
greatly  increased,  and  have  been  extended  to  teachers  and 
salaried  officers  who  fail  to  comply  with  the  provisions  of 
the  law.  The  truant  officer,  instead  of  the  Board  of  Educa- 
tion, now  institutes  proceedings  against  parents,  guardians, 
employers  and  juvenile  delinquents.  Over  the  latter  the 
Probate  Judge  has  final  jurisdiction.  The  other  cases  may 
be  heard  before  any  magistrate.  The  results  of  the  law  are 
shown  in  the  table  on  page  74.  Since  1894 '  women  have 
been  eligible  to  positions  on  the  Boards  of  Education,  and 
allowed  to  vote  for  members  of  the  board.  They  evince  a 
keen  interest  in  all  matters  pertaining  to  the  schools,  and 
their  influence  has  been  particularly  potent  and  wholesome 
in  the  organization  of  city  boards. 

» 87  O.  L.,  p.  316.  »  90  O.  L,,  p.  285.  »9i  O.  L.,  p.  260. 


425]  PUBLIC  EDUCATION  55 

THE  TRAINING  AND  EXAMINING  OF  TEACHERS 

Until  1825  no  fitness  for  teaching  seems  to  have  been 
required,  unless  the  parents  themselves  established  the  stand- 
ard. In  this  year  the  Courts  of  Common  Pleas  were  em- 
powered to  appoint  three  examiners.  The  number  of  ex- 
aminers fluctuated  until  in  1836  ^  there  were  three  in  each 
township.  But  scarcely  any  attention  was  paid  to  these 
provisions,  as  they  were  purely  optional.  There  was  con- 
stant complaint  that  good  teachers  could  not  be  found. 
Teaching  was  not  looked  upon  as  a  profession,  and  the 
compensation  was  so  slight  that  "  men  of  learning,  talent 
and  moral  character  "  would  not  engage  in  it.^  Reading, 
writing  and  arithmetic  were  the  only  branches  taught  in  the 
district  schools,  and  when,  on  the  recommendation  of  the 
State  Superintendent,  English  grammar  and  geography  were 
added,  there  were  only  a  few  districts  in  the  State  that  could 
find  teachers  prepared  to  give  instruction  in  the  new  branches. 
The  majority  of  the  district  directors  disregarded  the  law, 
and  many  forbade  any  branches  being  taught  except  reading, 
writing  and  arithmetic'  The  examinations  were  not  rigid 
or  systematic.  They  were  provided  merely  because  a  cer- 
tificate from  the  examiners  was  necessary  before  the  teacher 
could  draw  pay.  There  were  very  few  teachers'  associa- 
tions or  institutes.  There  was  utter  lack  of  method  in 
teaching,  barbarous  methods  of  punishment  were  in  vogue, 
attendance  at  school  was  very  irregular,  and  the  changes  of 
teachers  were  frequent. 

In  1849  *  ^  re-enactment  of  the  law  requiring  directors 
to  add  grammar  and  geography  to  the  curriculum,  under 
pain  of  withholding  their  district's  share  of  the  State  fund, 

*  34  O.  L..  p.  330.  "* First  Report  Supt.  of  Schools. 

*  Executive  Documents,  1845,  ^i*'*  '»  P*  33  J  School  Report,  Sec.  of  State. 
*47  C».Z.,p.43. 


56  ADMINISTRATION  IN  OHIO  [426 

produced  considerable  hardship,  and  deprived  many  districts 
of  schools  because  of  the  difficulty  of  obtaining  qualified 
teachers.^  This  was  the  low  water  mark  of  Ohio's  public 
schools.  The  average  monthly  salary  of  the  district  school 
teacher  at  this  time  was  $14.33%  for  men  and  $1.82  for 
women.  ^  The  superintendent  of  schools  in  Cincinnati  re- 
ceived $700  a  year,  and  the  superintendent  of  schools  in 
Akron  $500  a  year.  Attendance  was  rapidly  falling  ofif  and 
private  schools  were  multiplying.  The  State  had  forgotten 
its  pledge  to  the  National  Government  in  accepting  the 
school  lands.  The  condition  of  the  schools  reacted  upon 
the  quality  of  the  instruction  and  the  status  of  the  instructor. 

In  1853,  after  the  adoption  of  the  new  Constitution,  the 
Board  of  School  Examiners,  composed  of  three  members, 
was  appointed  by  the  Probate  Judge,  and  orthography  was 
added  to  the  requirements  for  a  teacher's  certificate,  and, 
as  has  been  mentioned,  State  supervision  was  restored  and 
a  limited  township  system  was  introduced.  This  marked 
the  beginning  of  a  new  growth  in  the  schools  and  a  gradual 
betterment  in  the  qualifications  of  the  teachers  of  the  State. 
In  that  year  the  average  yearly  wage  of  teachers  was  $59.72. 
This  had  increased  to  $99.44  in  1858.  In  1865  the  average 
monthly  pay  for  male  teachers  was  $36.25  and  for  female 
$21.55.  I"^  1864^  theory  and  practice  of  teaching  was 
added  to  the  requirements  for  a  certificate. 

The  law  of  1873  provides  for  examinations  in  special 
branches,  and  physiology,  United  States  history  and  civil 
government  are  now  required  with  the  common  branches. 
Between  the  various  county  boards  of  the  State  there  is  no 
uniformity,  except  in  the  subjects  required  by  law.  A  cer- 
tificate granted  in  one  city  is  not  valid  in  another.     Often 

^  School  Report,  Sec.  of  Stale,  1850. 

» Ibid.,  1848,  p.  36,  »  61  O.  L.,  p.  37. 


OF 

427]  PUBLIC  EDUCATION  57 

candidates  who  have  failed  to  pass  the  examinations  in  one 
county  are  successful  in  an  adjoining  county.  In  1892  a 
law  was  passed  empowering  the  commissioner  of  schools  to 
prepare  uniform  questions  for  all  the  counties  of  the  State, 
but  the  Legislature  that  passed  the  law  failed  to  appropriate 
money  for  having  the  questions  printed,  and  the  law  remains 
inoperative.  County  certificates  are  granted  for  one,  two, 
three,  five  and  eight  years.  About  fifty  per  cent,  of  the 
applicants  for  certificates  are  rejected. 

In  incorporated  cities  the  Boards  of  Education  appoint 
boards  of  three  examiners  to  examine  teachers  for  the  schools 
of  the  corporation.  A  county  certificate  is  not  valid  in 
municipalities,  even  if  located  in  the  county  wherein  the 
examination  was  taken.  About  10  per  cent,  of  the  appli- 
cants fail.  In  1864  ^  the  State  Commissioner  was  empow- 
ered to  appoint  a  State  Board  of  Examiners  to  be  composed 
of  five  members ;  they  were  to  receive  five  dollars  a  day  and 
traveling  expenses.  Three  grades  of  certificates  are  granted, 
common  school,  high  school  and  special.  These  certificates 
are  for  life,  and  the  applicant  must  have  had  fifty  months* 
experience  in  teaching.  The  board  was  unpopular  at  first, 
and  its  examinations  were  poorly  patronized.  Only  about 
twelve  applicants  were  examined  yearly.  The  number  has 
gradually  increased,  and  now  about  one  hundred  are  exam- 
ined annually.     Of  these  rarely  any  fail  to  pass. 

The  percentage  of  failures  is  the  only  index  we  have  of 
judging  the  efficiency  of  the  examinations,  and  this  is  not  a 
satisfactory  method,  for  it  depends  quite  as  much  on  the 
preparation  of  the  applicant  as  on  the  thoroughness  of  the 
examination.  It  still  remains  true  that  "  the  history  of  leg- 
islation in  Ohio  regulating  the  examination  and  certification 
of  teachers  is  a  dreary  history — evidently  to  be  continued."  ^ 

'  61  o.  z.,  p.  33. 

^44iA  Report  of  Commissioner  of  Schools ,  p.  2)Z- 


58  ADMINISTRATION  IN  OHIO  [428 

There  had  been  no  State  training  in  normal  work  until 
the  year  1902,  when  there  were  created  normal  departments 
under  State  tutelage  at  Ohio  University  and  Miami  Univer- 
sity. Many  of  the  large  cities  have  established  normal 
schools,  which  are  more  properly  training  places  for  recent 
high  school  graduates.  The  need  for  a  State  normal  school 
has  also  been  continually  set  forth  in  the  Commissioner's 
reports.  "  Ohio  still  remains  one  of  the  five  or  six  States 
out  of  the  forty-two  that  have  no  State  normal  schools."  ^ 
Teachers'  institutes  offer  some  training  for  teachers  and  help 
in  centralizing  school  sentiment  and  creating  a  standard  of 
work. 

The  first  institutes  were  voluntary  associations,  main- 
tained by  the  teachers  of  the  more  populous  counties.  In 
1837^  the  excess  moneys  of  each  county's  share  of  the  United 
States  surplus  funds,  distributed  by  Congress  among  the 
States,  were  devoted  to  teachers'  institutes.  The  distribu- 
tion of  surplus  ceased  in  two  years,  and  with  it  county  aid 
for  institutes,  until  in  1849  the  county  commissioners  were 
empowered  to  appropriate  one  hundred  dollars  for  teachers* 
institutes.^  This  provision  was  repealed  in  1873,  and  the 
only  county  moneys  that  were  appropriated  for  institute 
purposes  until  1890  were  the  fees  paid  by  applicants  for  the 
county  examinations.  In  1890  the  dog  tax  was  placed  to 
the  credit  of  the  school  fund,  and  in  1896  the  organization 
of  county  institutes  was  made  more  permanent,  and  received 
the  sanction  of  law  by  provisions  that  detailed  the  manner 
of  organization.  An  executive  committee  is  elected  annu- 
ally, and  the  members  of  said  committee  are  placed  under 
bonds  for  the  proper  use  of  the  institute  moneys.*  The 
larger  cities  provide  annual  institutes  for  their  teachers. 
Attendance  upon  these  is  required. 

^S6th  Report  of  Commisiioner  of  Schools,  p.  I2.  *  35  O.  Z.,  p.  97. 

»47  O.  £,,  p.  19.  *92aZ.,  p.  II. 


429]  PUBLIC  EDUCATION  59 

The  State  Teachers'  Association,  organized  in  1847,  ^^s 
been  a  very  important  centralizing  factor,  supplying  to  some 
degree  the  needed  superintendence,  and  co-ordinating  the 
school  work  of  the  State.  But  its  influence  has  been  mainly 
with  the  city  schools,  from  which  it  draws  its  officers  and 
attendance.  No  State  funds  are  available  for  its  use.  There 
are  also  several  district  educational  associations.  All  of 
these  teachers'  meetings  have  to  some  extent  supplied  the 
want  of  normal  training. 

OTHER  CENTRALIZING  INFLUENCES 

A  larger  centralizing  factor  is  the  "  Ohio  Teachers'  Read- 
ing Circle,"  conducted  under  the  care  of  the  State  Commis- 
sioner. In  1894  this  circle  had  2,500  members,  and  eighty 
of  the  eighty-eight  counties  were  organized.  Each  circle 
elects  a  secretary  and  president,  and  these  keep  in  touch  with 
the  State  officers.  Diplomas  are  issued  by  the  State  Board 
of  Control,  after  four  years  of  study,  but  only  on  recom- 
mendation of  the  county  Board  of  Examiners. 

Another  centralizing  factor  is  the  traveling  library  sys- 
tem of  the  State.  From  1854  to  1859  the  State  invested 
$300,000  in  township  libraries.  Owing  to  lack  of  super- 
vision nearly  all  of  the  400,000  volumes  purchased  were 
lost  in  a  few  years.  The  law  creating  the  library  fund  was 
repealed  in  i860,  and  no  provision  was  made  for  supplying 
the  rural  districts  with  books  until  1896,  when  the  State 
librarian  inaugurated  a  system  of  traveling  libraries  that 
has  had  a  phenomenal  growth,  as  shown  by  the  following 
table : 

Traveling  libraries  issued  from  Ohio  State  Library : 

Libraries.  Volumet. 

Prior  to  Nov.  15, 1896 2  50 

Nov.  15, 1896,  to  Nov.  15, 1897 62  1,331 

Nov.  15,  1897,  to  Nov.  15, 1898 379  9,887 

Nov.  15, 1898,  to  Nov.  15, 1899 445  12,812 

Nov.  15, 1899,  to  Nov.  15, 1900 711  »9.505 

Nov.  15,  1900,  to  Nov.  15, 1901 762  20,689 


6o  ADMINISTRATION  IN  OHIO  [430 

Traveling  libraries  issued  within  the  year  Not.  15,  1900,  to  Nov.  15, 1901,  were 
distributed  as  follows : 

To  schools 251 

To  independent  study  clubs 224 

To  women's  clubs 118 

To  religious  organizations 50 

To  granges 100 

To  libraries 19 

Total 762 

The  report  of  the  Hbrarian  shows  that  each  book  is  issued 
about  ten  times.  The  circulation  for  1901  was  therefore 
206,890.  "  More  than  three-fourths  of  these  Hbraries  have 
been  sent  to  rural  communities  and  small  villages  that  have 
no  libraries.  Many  have  gone  to  schools  or  granges  remote 
from  city  or  town."  ^  "  Its  influence  has  been  felt  in  every 
county.  It  is  gradually  taking  an  important  place  among 
the  educational  agencies  of  the  State."  ^  Any  library  in 
the  State  may  now  borrow  books  of  the  State  library,  and 
many  of  the  lesser  towns  find  this  provision  very  helpful. 

Still  another  indication  that  the  State  is  tending  toward 
more  centralized  administration  in  school  affairs  is  the 
"  Boxwell  law,"  and  its  recent  amendment,  the  "  Patterson 
law."  The  Boxwell  law,^  passed  in  1892,  provides  for  an 
examination,  held  by  the  county  Board  of  Examiners,  in  all 
the  common  branches,  the  examination  to  be  of  such  a  char- 
acter as  to  enable  the  successful  applicant  to  enter  any  high 
school  in  the  county.  The  examination  is  open  to  all  pupils 
of  the  public  schools,  but  is  meant  especially  for  children  in 
the  rural  districts.  To  every  successful  applicant,  who 
"  shall  deliver  an  oration  or  declamation,  or  read  an  essay 
in  some  public  place  provided  by  the  Board  of  Education, 
a  diploma  shall  be  formally  presented,"  which  shall  admit 
the  pupil  to  any  high  school  in  the  county,  and  his  tuition  is 

^S4/i  Annual  Report  Commission  of  State  Library.  '  Ibid.,  56. 

"89  O.  Z.,  p.  123. 


431  ]  PUBLIC  EDUCATION  6l 

paid  by  the  Board  of  Education  of  the  township  in  which 
he  lives.  The  "  Patterson  "  amendment  ^  made  provision 
for  uniform  examination  questions,  to  be  prepared  by  the 
State  Commissioner  of  Schools,  the  local  board  to  pay  for 
the  printing.  The  diploma  admits  to  any  high  school  of 
the  State  without  examination,  and  free  tuition  is  provided 
for  the  pupil  only  if  no  high  school  is  located  in  his  own 
township.  In  that  case,  however,  the  Board  of  Education 
may  enter  into  contract  with  any  high  school  for  the  pay- 
ment of  such  tuition.  If  such  an  arrangement  is  not  per- 
fected the  pupil  may  select  any  high  school  he  desires.  The 
State  Comissioner  is  also  empowered  to  determine  what 
schools  are  "  high  schools."  The  following  table  exhibits 
the  working  of  this  law : 

Year.  Nitmbtr  Examined,  Number  Passed. 

1892 2,131  1,341 

1893 4.434  2r43I 

1894 4,653  2,289 

1895 5.829  2.735 

1896 5,739  3.077 

1897 7.572  3,314 

1898 8,936  3,966 

1899 10,256  4^487 

1900 11.623  4.693 

1901 13.243  5.372 

Total 74,416  33,705 

In  1890  a  singular  measure  passed  the  General  Assembly 
that  also  indicates  a  tendency  toward  unification  of  school 
matters.^  The  Governor,  the  Commissioner  of  Schools, 
the  Supervisor  of  Public  Printing  and  two  men  appointed 
by  the  Governor,  one  to  be  a  "  practical  educator  "  and  the 
other  a  "  practical  business  man,"  one  from  each  of  the  two 
leading  political  parties,  were  constituted  a  "  State  School 
Book  Board."     They  were  required  to  receive  bids:  First, 

» 95  a  Z.,  p.  71.  »87  0.Z.,p.  377. 


62  ADMINISTRATION  IN  OHIO  [432 

from  publishers  to  furnish  books  to  the  Boards  of  Education 
of  the  State.  Second,  from  authors  who  have  manuscripts 
not  yet  pubHshed.  Third,  from  such  persons  who  think  they 
can  "  compile  "  a  text-book  or  series  of  texts  "  similar  or 
equal  to  that  of  the  best  books  now  in  use."  The  publishers 
were  to  furnish  sample  books  with  their  bids;  the  two  other 
classes  of  bidders  were  to  present  the  merits  of  their  pro- 
ducts to  the  board  in  the  form  of  an  analysis.  The  required 
bond  of  $10,000  probably  prohibited  any  prospective  authors 
and  compilers  from  bidding,  as  proposals  were  received  only 
from  publishers.  The  following  year  it  was  attempted  fur- 
ther to  tempt  prospective  authors  by  enumerating  specific- 
ally what  text-books  were  wanted,  and  stating  what  specifi-' 
cations  of  his  work  the  prospective  compiler  should  exhibit. 
The  series  was  to  be  called  "  The  Ohio  Series,"  and  "  a  por- 
tion of  the  illustrations,  designs  or  pictures  in  said  series  of 
books  shall  be  of  Ohio  scenery,  schools,  school  houses,  school 
rooms,  in  complete  illustration  of  our  public  school  system."  * 
Despite  its  anomalous  character,  the  law  has  been  a  suc- 
cess. The  board  has  dealt  only  with  publishers,  and  enters 
into  contract  with  any  firm  that  gives  the  required  bond  and 
reduction  in  its  prices.  There  is  really  no  uniformity  in  the 
books  used,  as  in  1899  eighty-five  firms  agreed  to  comply 
with  the  requirements  of  the  law.  The  purposes  of  the  law 
are  not  so  much  the  establishing  of  uniformity  as  the  lessen- 
ing of  the  cost  of  the  books  and  the  protecting  of  the  public 
against  frequent  and  unnecessary  changes.  A  School  Board 
having  once  adopted  a  book  must  retain  it  for  five  years. 
At  present  the  clerk  of  every  Board  of  Education  in  the 
State  makes  a  list  of  the  books  required  for  the  ensuing  year. 
The  State  Commissioner  arranges  a  "  List  of  State  Con- 
tract Prices  "  every  year,  from  which  local  boards  make 
their  selection.  The  board  then  has  its  choice  of  three  meth- 
» 88  o.  z.,  p.  568. 


433]  PUBLIC  EDUCATION  63 

ods  of  proceedure:  it  may  order  the  books  direct  and  dis- 
tribute them  to  the  pupils  at  net  contract  price,  or  it  may 
choose  an  agent  to  secure  the  books,  who  is  to  charge  a  price 
not  exceeding  10  per  cent,  of  the  contract  price;  or,  finally, 
the  board  may  allow  retail  dealers  to  furnish  the  books,  in 
which  case  also  10  per  cent,  of  the  contract  price  may  be 
added.  In  1893  the  State  Commissioner  said  this  law  "  has 
proved  one  of  the  most  satisfactory  in  the  history  of  the 
State."  ^ 

One  more  indication  of  the  trend  toward  more  centralized 
administration  in  school  affairs  remains  to  be  considered.  It 
is  perhaps  the  most  important,  as  it  is  also  the  most  recent. 
At  its  last  session  the  General  Assembly  revised  the  school 
laws.  While  the  administrative  officers  and  their  duties  re- 
main as  formerly,  an  attempt  was  made  to  classify  the  schools 
of  the  State,  as  well  as  the  districts;^  they  are  divided  into 
elementary  schools,  high  schools  and  colleges.  An  elemen- 
tary school  is  one  "  in  which  instruction  and  training  are 
given  in  spelling,  reading,  writing,  arithmetic,  English 
grammar  and  composition,  geography,  history  of  the  United 
States,  including  civil  government,  and  physiology.  Boards 
of  Education  may  add  drawing,  music  and  other  branches. 

A  high  school  is  "  a  school  of  higher  grade  than  an  ele- 
mentary school,  in  which  instruction  and  training  are  given 
in  approved  courses  in  the  history  of  the  United  States  and 
other  countries;  composition,  rhetoric,  English  and  Ameri- 
can literature;  algebra  and  geometry;  natural  science,  polit- 
ical and  mental  science,  ancient  or  modern  foreign  languages, 
or  both;  commercial  or  industrial  branches,  or  such  of  the 
above  named  branches  as  the  length  of  the  curriculum  may 
make  possible,  and  such  other  branches  of  higher  grade  than 
those  to  be  taught  in  elementary  schools,  and  such  advanced 
studies  and  advanced  reviews  of  the  common  branches  as 

'  41st  Report  State  Commissioner,  p.  8.  *  95  O.  L.,  p.  115. 


64  ADMINISTRATION  IN  OHIO  [434 

the  Board  of  Education  may  direct."  High  schools  are 
divided  into  three  grades,  according  to  the  length  of  the 
curriculum : 

Grade  one,  having  a  four  years'  course,  not  less  than 
thirty-two  weeks  a  year. 

Grade  two,  having  a  three  years'  course,  not  less  than 
thirty-two  weeks  a  year. 

Grade  three,  having  a  two  years'  course,  not  less  than 
twenty-eight  weeks  a  year. 

Any  holder  of  a  diploma  from  a  high  school  of  the  first 
grade  is  entitled  to  entrance,  without  examination,  to  any 
college  of  law,  medicine,  dentistry  or  pharmacy  in  the  State, 
if  the  holder  has  completed  the  necessary  work  in  natural 
science  and  languages  usually  required  by  such  schools. 
Privately  endowed  schools  are  excepted  from  this  law.  And 
any  holder  of  a  diploma  from  any  high  school,  or  of  a  teach- 
ers' certificate,  when  he  has  studied  under  private  tutelage, 
may  take  the  bar  examination,  or  may  be  examined  for 
admission  to  any  technical  school  in  the  State,  excepting 
privately  endowed  institutions.  The  State  Commissioner 
of  Schools  has  the  power  to  classify  high  schools,  and  with- 
hold certificates  of  classification  from  any  he  deems  unfit. 

A  college  is  defined  as  "  a  school  of  a  higher  grade  than 
a  high  school,  in  which  instruction  in  the  high  school  branches 
is  carried  beyond  the  scope  of  the  high  school,  and  other 
advanced  studies  are  pursued,  or  a  school  in  which  special 
or  technical  studies  are  pursued,  and  when  legally  organized 
has  the  power  to  confer  degrees  in  agreement  with  the  terms 
of  the  law  regulating  its  practice  or  its  charter;  or  in  the 
want  of  legislative  direction  in  agreement  with  the  practices 
of  the  better  institutions  of  learning  of  their  respective  kinds 
in  the  United  States." 

While  these  definitions  are  crude,  they  indicate  a  distinct 
desire  for  system  and  control,  not  only  of  the  elementary 


435]  PUBLIC  EDUCATION  65 

schools,  but  also  of  the  secondary  schools  and  even  the  col- 
leges. 

The  same  statute  has  given  important  powers  to  the  local 
Boards  of  Education.  Any  Board  of  Education  has  now 
authority  to  establish  one  or  more  high  schools  whenever  it 
deems  it  necessary.  Township  boards  have  the  same  power 
over  high  schools  as  city  boards,  and  may  assess  a  tax  not 
to  exceed  ten  mills  on  the  dollar  for  school  purposes.  And 
the  Boards  of  Education  in  any  special  or  township  district 
may  suspend  school  in  any  sub-district  when  deemed  wise, 
and  provide  transportation  for  the  children  to  some  adjoin- 
ing district  or  districts.  This  will  help  dissolve  many  of  the 
smaller  sub-districts. 

HIGHER  EDUCATION 

The  development  of  higher  education  in  the  State  evi- 
dences the  same  decentralization,  indifference,  substitution 
of  private  for  State  initiative,  and  a  later  tendency  toward 
more  uniform  control,  that  is  seen  in  the  history  of  the  pub- 
lic schools. 

The  two  townships  in  the  Ohio  Company's  Purchase  set 
apart  for  higher  education  formed  the  endowment  of  Ohio 
University,  organized  at  Athens  in  1804.^  The  Legislature 
appointed  the  Board  of  Trustees  and  regulated  the  leasing 
of  the  land.  At  first  the  land  was  leased  for  6  per  cent,  per 
annum  on  its  appraised  value,  appraisals  to  be  taken  every 
thirty-five  years,  and  the  leases  to  cover  ninety  years.  The 
rentals  never  were  adequate  to  supply  the  needs  of  the 
school,  and  the  trustees  were  authorized  to  take  farm  pro- 
ducts in  lieu  of  money  for  the  yearly  rent,  and  to  establish  a 
lottery  in  order  to  raise  money  for  a  new  building,*  and 
after  various  other  attempts  to  put  the  college  on  a  good 
financial  basis  the  lands  were  sold  in  fee  simple  in  1826.' 
They  did  not  bring  their  market  value,  the  sale  being  grossly 

*  2  o.  z.,  p.  193.  '  16  o.  L.,  p.  16.  •  24  o.  z.,  p.  52. 


66  ADMINISTRATION  IN  OHIO  [436 

mismanaged/  and  the  Legislature  was  petitioned  yearly  to 
help  its  struggling  university.  Occasional  appropriations 
were  made,  but  these  were  few  and  never  large.  The  re- 
port of  the  trustees  in  1827  shows  a  total  income  of 
$3,672.58  and  a  total  expenditure  of  $4,066.  In  1837 
$5,ocx)  was  loaned  the  university,  and  it  later  became  cus- 
tomary for  the  trustees  to  ask  for  appropriations  to  cover 
the  yearly  deficits. 

The  townships  in  the  Symmes  tract  set  aside  for  an 
academy  formed  the  original  endowment  of  Miami  Univer- 
sity, organized  in  1809  ^  in  the  town  of  Oxford.  The  land 
was  made  a  trust  fund,  the  Legislature  acting  as  trustee. 
The  first  school  was  opened  in  181 6,  after  much  bickering, 
about  the  disposal  of  the  lands.  The  customary  method  of 
renting  was  tried,  at  first  on  a  re-valuation  every  fifteen 
years.  In  1810^  the  appraising  clause  was  repealed,  and  in 
1812a  law  was  passed  providing  that  the  actual  settlers,  from 
a  given  date  and  forever  after,  pay  an  annual  rental  of  6  per 
cent,  of  the  purchase  money.*  This  almost  criminal  piece 
of  legislation  forever  debarred  the  university  from  securing 
a  just  revenue  from  its  22,638  acres.  By  1866  the  univer- 
sity, weary  of  having  its  annual  petitions  ignored  by  the 
Legislature,  devised  a  plan  for  raising  endowments,  inviting 
the  various  religious  bodies  of  the  State  to  establish  chairs, 
thus  adding  one  more  to  the  already  numerous  denomina- 
tional colleges.  There  was  but  slight  response  to  this  ap- 
peal.**  The  university  attempted  to  secure  at  least  a  portion 
of  the  United  States  grant  for  an  agricultural  and  mechan- 
ical college,  and  thus  establish  an  agricultural  department, 
but  the  Legislature  did  not  approve  of  this  plan." 

'  Executive  Documents,  1850,  vol.  i,  no.  19. 
•70.  Z.,  p.  184.  »  S  O.  /.,  c.  22. 

*The  law  provided  that  no  land  was  to  be  sold  under  $2.0C  an  acrr,  and  the 
entire  tract  sold  at  practically  this  rate.     7  C.  L.,  p.  184. 

»  Executive  Documents,  1866,  vol.  ii,  p.  540.         ^ Ibid.,  1SC9,  vcl.  i,  p.  924. 


437]  PUBLIC  EDUCATION  67 

These  two  State  schools  now  became  the  object  of  execu- 
tive solicitude.  The  Governor's  message  in  1872  affirmed 
that  they  "  are  now  in  a  very  feeble  condition,  and  unless 
something  is  speedily  done  for  them  by  the  State  their  doors 
must  soon  be  closed,"  and  he  suggested  that  they  be  trans- 
formed into  normal  schools.  The  following  year  Miami 
University  was  compelled  to  suspend  for  want  of  funds, 
and  remained  closed  until  1885;  during  the  interval  its 
annual  rentals  were  placed  at  interest  and  its  buildings  used 
as  a  private  academy.  The  State  had  never  appropriated 
any  money  to  this  institution,  not  even  paying  the  expenses 
of  the  trustees.  The  theory  seemed  prevalent  that  after  the 
Legislature  had  permitted  its  cestui  que  trust  to  be  robbed 
of  its  lands  it  fulfilled  its  entire  obligations  by  appointing  a 
Board  of  Trustees. 

Ohio  University  was  by  this  time  likewise  on  the  verge 
of  ruin.  Its  buildings  had  so  fallen  to  decay  through  the 
neglect  of  the  State  that  it  was  doubted  whether  they  could 
be  repaired.  There  were  as  many  members  on  the  Board 
of  Trustees  as  on  the  Faculty ;  the  attendance  had  dwindled 
to  102,  and  only  38  of  these  were  in  the  college  department.^ 
The  president  in  his  annual  report  asked  if  it  were  "  wise 
for  Ohio  to  neglect  her  university,  the  oldest  in  the  whole 
family  of  State  universities.  Can  she  afford  to  sit  with 
folded  hands  while  her  sister  States  on  every  hand  are  pass- 
ing forward  with  such  rapid  and  determined  strides  ?"  ^ 
He  adds  that  "  for  the  purpose  of  producing  men  of  influ- 
ence and  maintaining  a  position  of  eminence  among  the 
States,  one  great  institution,  distinguished  by  learning,  by 
intellectual  power  and  by  the  highest  order  of  intellectual 
training,  is  of  more  value  than  a  score  that  do  not  rise  above 
the  common  level."  ^ 

In  1883  the  Governor  asked  that  all  the  State  universities 

^  Executive  Documents,  1881,  p.  1415.  ^  Ibid. 


68  ADMINISTRATION  IN  OHIO  [438 

be  brought  under  the  management  of  one  Board  of  Trustees, 
and  reiterated  this  suggestion  the  following  year.  The 
alumni  of  the  two  older  universities  objected  to  the  plan, 
fearing  the  identity  of  their  schools  might  be  destroyed. 
In  1890  the  Governor's  message  called  attention  to  the  fact 
that  Ohio  stood  twenty-sixth  on  the  list  of  States  in  the 
encouragement  of  higher  education,  and  advised  that  a  tax 
of  a  fraction  of  a  mill  be  levied  on  the  grand  duplicate  for 
university  purposes.  A  levy  of  one-twentieth  of  a  mill  was 
made  for  the  Ohio  State  University,  the  older  institutions 
being  omitted. 

The  third  university  to  be  called  into  being  by  State  action 
was  the  Ohio  State  University.  It  was  organized  in  1870 
as  "  The  Ohio  Agricultural  and  Mechanical  College,"  and 
was  based  on  the  act  of  Congress  of  July  2,  1862,  granting 
30,000  acres  of  public  land  for  each  Senator  and  Representa- 
tive to  which  the  State  was  entitled  by  the  census  of  i860. 
The  proceeds  from  the  sale  of  this  land,  together  with  accu- 
mulated interest,  amounted  to  over  half  a  million  dollars, 
and  forms  a  perpetual  endowment.  In  1878  the  school  was 
reorganized  under  its  present  name,  "  The  Ohio  State  Uni- 
versity." It  is  located  in  Columbus,  and  from  the  beginning 
has  been  more  prosperous  than  the  older  institutions.  The 
first  State  appropriation  was  made  in  1878,  and  since  1890 
a  permanent  levy  has  been  made.  This  is  at  present  one- 
tenth  of  a  mill.*  In  1901  the  total  income  of  the  university 
was  $337,401.45;  of  this  amount  $182,704.23  was  from  the 
State  tax.  There  were  1,465  students,  a  gain  of  413  over 
the  previous  year.  All  except  482  of  these  were  in  the  pro- 
fessional schools,  and  94  per  cent,  came  from  Ohio,  while 
27.5  per  cent,  came  from  Franklin  county,  in  which  the 
university  is  situated.     These  figures  indicate  that  the  school 

»92  az.,  p.  59. 


439]  PUBLIC  EDUCATION  69 

is  peculiarly  a  State  institution,  and  that  a  proper  application 
of  State  aid  insures  a  ready  response  from  the  citizens. 

In  1896  a  State  levy  of  one-thirtieth  of  a  mill  was  made 
in  favor  of  the  two  older  universities,  seven-twelfths  of  this 
amount  to  go  to  Ohio  University  and  five-twelfths  to  Miami. 

In  1887  ^  the  State  established  a  normal  and  industrial 
department  in  Wilberforce  University,  a  school  for  colored 
pupils.  Five  trustees  are  appointed  by  the  Governor  and 
four  by  the  trustees  of  the  university,  including  the  presi- 
dent of  the  university.  An  annual  State  levy  is  now  granted 
these  departments. 

In  1902  the  State  established  a  normal  department  at 
Miami  and  Ohio  Universities,  to  be  under  control  of  the 
trustees  of  the  respective  schools,  and  offer  instruction  co- 
ordinate with  existing  courses.^  A  levy  of  one-thirtieth  of 
a  mill  was  made  for  the  support  of  these  departments,  to  be 
divided  as  the  general  levy  for  the  universities,  seven- 
twelfths  for  Ohio  University  and  five-twelfths  for  Miami. 

The  same  act  enabled  the  Governor  to  appoint  a  State 
Normal  School  Commission  of  four,  two  from  each  of  the 
leading  political  parties,  to  investigate  the  need  and  advis- 
ability of  establishing  one  or  more  normal  schools,  and  to 
determine  how  State  aid  can  make  more  efficient,  in  normal 
work,  existing  schools  not  supported  by  the  State.  The 
last  clause  was  instigated  by  the  clamor  of  numerous  pri- 
vate colleges  against  the  increasing  efficiency  of  the  estab- 
lished State  universities. 

Thus  Ohio  has  a  discrete  system  of  higher  education  under 
State  tutelage.  It  is  not  the  function  of  this  paper  to  inquire 
what  influences  have  tended  to  perpetuate  this  segregation  of 
forces.  Denominational,  political  and  sectional  interests  have 
all  aided  in  the  decentralization.  The  facts  have  been  pre- 
sented in  such  detail  in  order  to  emphasize  the  belief  that  had 
» 84  o.  z.,  p.  127.  '  95  o.  z.,  p.  45. 


70  ADMINISTRATION  IN  OHIO  [440 

a  firm  centralizing  policy  been  maintained  from  the  beginning 
the  State  might  to-day  possess  a  system  of  higher  education 
commensurate  with  that  of  other  States,  created  from  the 
Northwest  Territory,  and  whose  history  has  been  in  other 
respects  similar  to  that  of  Ohio.  The  establishment  of  nor- 
mal schools  at  the  older  State  universities,  and  the  over- 
shadowing influence  of  the  university  at  Columbus,  together 
with  the  provision  of  the  law  cited  on  page  60,  favoring 
high  school  graduates  in  admission  to  the  State  universities, 
portend  a  centralization  that  has  been  strangely  delayed. 
It  seems  probable  that  the  energies  of  the  State  will  be  cen- 
tered in  the  youngest  of  the  universities ;  that  the  two  older 
will  be  consolidated  into  a  Normal  College,  and  the  high 
schools  of  the  State  be  made  feeders  for  these  institutions. 

PRIVATE  COLLEGES 

The  policy  of  the  State  has  been  powerfully  influenced 
by  the  privately  endowed  colleges.  Of  these  there  are  thirty- 
seven,  betokening  a  scattering  of  educational  energy  that 
has  made  Ohio  the  home  of  the  small  college.  While  size 
is  by  no  means  a  measure  of  efficiency,  yet  proper  equipment 
and  financial  well-being  are  essential  to  a  modern  college. 
What  consolidation  may  be  needed  among  the  denomina- 
tional colleges  of  Ohio  can  be  seen  from  the  following  sta- 
tistics, taken  from  the  report  of  the  State  School  Commis- 
sioner for  1902 :  ^ 

The  total  attendance  for  that  year  was  7,147.  Only  two 
colleges  had  over  five  hundred  students  in  the  college  depart- 
ment, nineteen  had  less  than  one  hundred,  five  had  less  than 
fifty,  and  the  smallest  of  the  small  colleges  had  fifteen  stu- 
dents. 

The  equipment  of  some  of  these  colleges  is  inferior  to  that 
of  many  of  the  better  high  schools.     One-fourth  of  them 

'  The  totals  include  the  three  State  Universities. 


44 1  ]  PUBLIC  EDUCATION  7I 

have  less  than  5,000  volumes  in  their  libraries,  one-half  have 
less  than  10,000,  and  only  three  have  more  than  50,000, 
while  one  reports  a  college  library  of  70  volumes.  Six  of 
these  private  colleges  have  property  aggregating  more  than 
$1,000,000  each.  The  yearly  income  of  six  is  over  $50,000. 
Only  three  have  an  income  of  over  $100,000.  The  Ohio 
State  University  has  the  largest  income,  $300,000  a  year. 
Twelve  have  incomes  of  less  than  $10,000  a  year,  and  one 
struggles  somehow  through  the  year  on  $900. 

There  has  been  practically  no  supervision  in  the  granting 
of  college  charters.  Numerous  plans  have  been  laid  before 
the  Legislature  for  such  supervision.  The  earliest  was 
made  in  1837  by  Caleb  Atwater,  the  chairman  of  the  first 
committee  that  drafted  an  educational  bill  for  Ohio.  He 
thought  there  should  be  a  Board  of  Education  which  should 
have  the  superintendence  of  all  the  colleges,  academies  and 
common  schools  of  the  State.  ^  The  College  Association  of 
the  State  has  made  several  attempts  to  bring  the  question 
to  the  attention  of  the  Legislature,  but  without  success. 
Uniform  requirements  for  admission  to  the  colleges  that  are 
members  of  the  association  have  been  formulated,  but  they 
are  not  obligatory,  and  not  all  of  the  colleges  are  members 
of  the  association. 

Recently  the  Supreme  Court  has  decided  that  "  when  the 
trustees  of  an  educational  institution,  incorporated  under 
the  laws  of  the  State,  sign  diplomas  in  blank  and  leave  them 
in  control  of  one  of  its  officers,  who  sells  them,  and  thus 
confers  degrees  without  regard  to  merit,  there  is  such  a  mis- 
use of  the  power  conferred  as  requires  the  dissolution  of  the 
corporation."  ^  The  occasion  for  the  decision  was  the  fla- 
grant violation  indicated,  by  one  of  the  obscure  colleges. 
While  but  very  few  of  the  institutions  might  be  reached  in 

'  Atwater,  History  of  Ohio,  p.  285. 

*Ohio  ex  relAtVy  Gen.  vs.  Mt.  Hope  College,  63  O.  S.,  p,  341. 


72  ADMINISTRATION  IN  OHIO  [442 

this  drastic  manner,  it  does  appear  reasonable  that  some 
State  control  should  be  exercised  to  make  a  college  diploma 
indicative  of  merit. 

The  facts  detailed  in  this  chapter  may  be  thus  summar- 
ized: Lack  of  centralization  is  evidenced:  i,  by  the  want 
of  uniformity  in  district  organization,  in  the  curricula,  in 
the  qualification  of  teachers;  2,  in  the  establishment  of  three 
State  universities;  3,  in  the  want  of  local  and  State  super- 
intendence. 

Centralization  is  evidenced:  i,  in  the  classifying  of  the 
districts,  in  the  creation  of  the  township  unit,  the  consolida- 
tion of  the  township  schools. 

2.  In  the  classifying  of  high  schools,  the  "  Boxwell " 
law  providing  uniform  examinations  for  high  school  en- 
trance, in  the  power  of  State  Commissioners  to  determine 
what  is  a  high  school. 

3.  In  the  establishing  of  State  normal  schools  and  the 
supervision  of  county  institutes  by  the  State  Commissioner. 

4.  In  the  increased  levy  for  the  Ohio  State  University. 

5.  In  the  gradually  increasing  authority  of  the  State 
Commissioner,  the  centralizing  of  township  schools,  the 
option  of  the  township  board  to  elect  a  township  principal. 

It  is  important  to  note  that  private  initiative  has  taken 
the  place  of  State  initiative,  in  the  establishing  of  voluntary 
State  supervision  by  the  State  Teachers'  Association,  and  in 
the  power  of  the  county  Board  of  Examiners  over  the  quali- 
fication of  teachers  and  the  courses  of  study  in  the  counties. 

In  a  recent  report  of  the  State  Commissioner  the  situation 
was  thus  stated :  "  The  Ohio  school  system  as  a  State  organi- 
zation is  radically  defective.  It  lacks  effective  centralized 
power  and  authority.  It  is  home  rule  carried  to  excess. 
M^hat  our  school  system  most  needs  is  reorganization  on  a 
definite  and  comprehensive  plan."  ^ 

^46th  Report  of  Commissioner  0/ Schools,  p.  14. 


443]  PUBLIC  EDUCATION  73 

The  following  tables  set  forth  the  development  of  the 
common  school  system  of  the  State.  The  returns  in  the 
earlier  years  were  quite  incomplete. 

The  enumeration  of  school  children  included,  up  to  1853, 
all  between  the  ages  of  four  and  twenty-one;  from  1853  to 
1873  ^^^  between  the  ages  of  five  and  twenty-one;  since  that 
time  the  school  age  has  been  from  six  to  twenty-one. 

The  history  of  the  school  system  may  be  divided  into  the 
following  periods : 

1.  According  to  State  superintendence. 

a.  1837-40.     State  Superintendent. 

b.  1840-53.  Secretary  of  State  acted  as  Superin- 
tendent of  Schools. 

c.  1853-present.  Commissioner  of  Common 
Schools. 

2.  According  to  State  taxation. 

a.  Until  1839,  no  State  tax. 

b.  1839-53.     Common  school  fund  of  $200,000. 

c.  1853-present.  State  tax  rate  fixed  by  legislation 
annually. 

3.  According  to  local  taxation. 

a.  Until  185 1,  no  regular  system  of  local  school  tax- 
ation. Money  was  raised  by  tuition  and  returns 
from  the  school  lands.  During  the  latter  part  of 
the  period  assessments  were  allowed  for  building 
purposes  and  maintaining  high  schools. 

b.  1851-present.  Local  taxation,  limits  fixed  by 
statute. 

4.  According  to  compulsory  attendance. 

a.  Until  1877,  no  compulsory  law. 

b.  1 877- 1 889,  first  compulsory  school  law. 

c.  1 889- 1 893,  second  compulsory  school  law. 

d.  1893-present,  third  compulsory  school  law. 


74  ADMINISTRATION  IN  OHIO  [444 

All  of  these  periods  are  clearly  indicated  in  the  tables. 
The  effect  of  each  step  in  school  legislation  is  apparent. 

Table  Showing  the  Development  of  the  PimLic  School  System  fkom  its  Inception  hi 

1837  to  1865 


Year. 


8  . 

is 

o  o 
H 


1837 
1838. 
»8?y. 
1840. 
1841. 
1842. 
1843. 
1844- 
1845. 
1846. 
1847- 
1848. 
1849. 
1830. 
x8ji. 
1852. 
185-?. 
1854. 
»85S- 
i8;6. 
1857. 
i8;8. 
185Q. 
i860. 


4.336 
4.030 
7.'95 


3,181 
3.627 
4,284 
3.320 
5,385 
4.332 
4,882 
5,ofa 
11,075 
12,279 
12,664 
9,916 
5,894 
10,572 
12,246 
»i.3i9 
".339 
12.602 
11,673 
13.584 


19^ 

i§& 


6a 
54 
65 
14 
45 
53 
45 
45 
52 


O  3 


to  V 


20.44 
16.64 
16. 


13-32 

13.48 

12.48 

134 

12.64 


55  I  1416 


56 
57 
80 

81 
70 
70 

77 
81 
8S 
87 

87' 
88 


22.24 
12.44 
14.56 
14.04 
17.7a 
10.4 


23.92 
22.5 
24.6 
24.6 

25.4 

2>:.2 
24.8 


4,378   468,81a 

393  I  588,590 

731 ; 

I  618.746 

"3  I 

153  !  

125  : 

"5  j 

145  I  712,159 
164  I  728,638 
175  I  754,193 

153  

158  I  796,109 
248  810,163 
300  ;  878,583 
171  '  838,669 

8Tr,957 

770  816,408 

740  820,674 

627  '  810,166 

570  838,037 

589  843,227 

475  865,914 

446  892,854 


146,440 
109,207 
254,612 


137.870 
9.511 
44,742 
48.870 
J9.314 
34.863 

e?,858 

94,6?o 
367,608 
421.733 
445.597 
437.7" 


358.417 
551.939 
5*51.315 
fo3.?47 
611,720 
6co,c84 
€85,117 


8 


73.505 


51.514 
61,430 
74,807 

.56.517 
84,476 
78.750 
78,863 
90,696 
318.556 
337,875 
263,247 
266,267 


!28 


277,196 
3'5.85l 
322,643 
35c,8f7 
352.145 
350,3C9 
405,952 


$300,C00  CO 
2CO,OCO  CO 
200,000  CO 
20O,OCO  CO 

151.837  42 

20O,COO  CO 
2CC,OCO  CO 

sco.cco  00 

2C0,C01  00 

200,614  54 
199.804  60 

200,C00  00 
200, coo  CO 
2CO,OfO  CO 

1,186,793  69 

1,118,089  02 

1,046,284  10 

1,113,918  8s 

1,070,767  72 

1,212,855  52 

1,125.574  07 

1,224,155  39 


$102,837  35 
109,474  9« 
115,015  s6 
40^,878  81 
351,210  93 
441.33*  12 
.'30.353  19 
887,268  81 
1.335.751  8a 
1.139.539  99 


'  Until  1851,  local  taxation  was  authoiized  only  for  biiilding  purpose.^.    The  inccme  was  in  form 
of  tuition  and  interest  on  local  land  funds,  and  rentals  from  local  school  lands. 

Table  Showing  the  Development  cr  the  Puelic  Echcols  from  1865-1501 


Year. 


1865, 
1870. 
187s 
18R0. 
188s 
1890 
1805 
1900 
1901 


944.852 
1,041,680 
1,017,726 
1,046,225 
1,095,465 
1.123.895 
1,159,258 
1.226,366 
1,319,919 


1 

2 

8 

III 

m 

I.  c  2 

u  v  c 

^ 

< 

^%-^ 

< 

702, ■;5' 

391.945 

41 

56 

724,896 

446.147 

43 

6a 

712,129 

435,349 

44 

61 

747.138 

476.279 

46 

6S 

774,660 

517.5^9 

48 

(7 

797.439 

549.269 

48.8 

f5.5 

817.490 

59'.465 

51.1 

72.S 

1  829,160 

616.365 

ro.a 

7-;. 35 

}  829,857 

610,63a 

50.0 

76.25 

$1,325,013 
1,452.445 
1.5^0,397 
1,558,207 
1,630,768 
1.738,74s 
1.740,227 
1.765.420 
1.783,258 


-5 


$1,634,607 
4.889,880 
6,153.442 
5.155,878 
7,213,354 

8,itb,839 
9,682,334 
10,830,111 
".351.986 


CHAPTER  II 

TAXATION  AND  LOCAL  FINANCE 

The  general  property  tax  has  been  from  the  first  the 
foundation  of  the  State's  income.  The  history  of  taxation 
in  Ohio  is  largely  the  story  of  the  gradual  disintegration  of 
this  tax.  This  disintegration  is  due  to  the  inability  of  the 
system  to  reach  personal  property,  which  has  grown  to  form 
the  vast  bulk  of  the  wealth  of  the  State,  and  to  the  recogni- 
tion of  the  principle  that  not  all  methods  of  taxation  are 
alike  eflfective  for  State  and  local  purposes,  but  that  the 
State  and  the  municipality  properly  form  separate  tax  areas, 
and  certain  taxes  are  peculiarly  adapted  to  each.  Centrali- 
zation in  tax  administration  has  progressed  pari  passu  with 
the  incorporation  of  this  principle  into  law. 

The  development  of  this  movement  toward  centralization 
will  properly  include  (i)  a  discussion  of  the  general  prop- 
erty tax,  which  reveals  three  distinct  periods  of  growth;  (2) 
the  equalization  of  assessments^  and  (3)  the  special  tax  laws 
devised  in  more  recent  years.  The  central  control  of  local 
finances  is  confined  mainly  to  the  operation  of  the  inde- 
pendent treasury  act  and  the  uniform  auditing  system. 

THE  GENERAL  PROPERTY  TAX 

The  first  period.  The  earliest  tax  laws  of  the  State  were 
adopted  from  the  territorial  laws,  which  were  in  turn  a  tran- 
script from  the  Kentucky  Code.^  There  was  no  provision 
for  a  general  valuation.  All  lands  were  divided  by  law 
into  three  grades ;  these  were  taxed  arbitrarily  at  rates  vary- 

*  Territorial  Laws,  1792,  p.  16. 
445]  75 


76  ADMINISTRATION  IN  OHIO  [446 

ing  from  twenty  to  sixty  cents,  and  latterly  from  seventy- 
five  to  one  hundred  and  fifty  cents  on  each  one  hundred 
acres.  The  assessments  were  fixed  annually  by  the  General 
Assembly.  All  the  moneys  derived  from  the  tax  on  land 
were  paid  into  the  State  treasury. 

At  first  the  Court  of  Common  Pleas  appointed  assessors 
and  collectors  in  each  county.  Later  this  court  appointed 
a  Board  of  County  Commissioners,  who  appointed  collectors 
and  had  final  jurisdiction  in  equalizing  assessments.  The 
county  treasurer  was  appointed  by  the  Governor  of  the  terri- 
tory, and  reported  semi-annually  to  the  county  commis- 
sioners.^ 

When  Ohio  became  a  State  the  county  was  made  a  more 
important  unit  of  taxation.  The  commissioners  were 
elected  for  three  years.  They  appointed  one  lister  to  list 
all  the  lands  in  the  county,  and  make  yearly  returns  to  the 
State  auditor.^  They,  at  their  discretion,  appointed  one 
county  collector,  or  permitted  each  township  to  elect  a  col- 
lector.^ All  moneys  were  paid  by  the  collector  to  the  com- 
missioners. They  retained  their  capacity  as  a  Board  of 
Equalizers.  For  collecting  taxes  belonging  to  non-residents 
the  State  was  divided  into  six  districts,  the  General  Assem- 
bly electing  one  collector  for  each  district  annually.* 

Taxes  for  local  purposes  were  levied  on  town  lots  and 
buildings  according  to  appraised  value;  and  on  a  few  ani- 
mals, specified  by  law,  valued  at  definite  rates  per  head, 
without  appraisement;  and  by  license  taxes  on  business. 
The  county  commissioners  fixed  the  amount  of  the  license 
tax,  the  law  merely  prescribing  the  maximum  and  minimum 
rates.  Peddlers'  licenses  were  issued  by  the  county  clerk, 
and  in  1822  the  entire  license  tax  was  taken  from  the  com- 
missioners and  placed  in  the  hands  of  the  Common  Pleas 

1  Territorial  Laws,  1796,  p.  107.  '8  O.  L.,  c.  75. 

»4  0.Z.,p.  35.  ♦8az.,c.  75. 


447]  TAXATION  AND  LOCAL  FINANCE  77 

Court.  ^  Township  taxes  were  levied  by  the  township  trus- 
tees and  collected  by  township  collectors.  If  the  local  taxes 
did  not  suffice,  the  L^islature  annually  disbursed  the  State 
moneys  among  the  counties. 

During  this  period  the  powers  of  the  State  auditor  over 
local  tax  administration  gradually  increased.  All  dupli- 
cates and  lists  were  reported  to  him  by  the  county  officials. 
As  early  as  1809  the  State  auditor  recommended  that  all  the 
listing  of  lands  be  centralized  in  that  office.^  It  was  the 
rule  that  land  should  be  listed  by  the  owners.  But  no  pro- 
visions had  been  made  for  recording  transfers,  and  so  it 
came  about  that  many  lands  were  transferred  and  never 
listed.  More  frequently  the  land  remained  charged  to  the 
former  owner,  and  was  listed  as  delinquent  by  the  county 
listers.  This  naturally  wrought  confusion.  To  correct 
any  such  errors  in  the  listing  of  property  it  was  necessary 
to  journey  to  the  State  capital;  the  law  of  1820  remedied 
this.  Frequently  taxes  were  collected  from  former  owners 
after  transfer  had  been  made,  and  this  necessitated  the  re- 
funding of  large  sums  that  had  been  unjustly  collected. 
There  was  no  uniformity  in  the  listing  of  property  among 
the  several  counties,  nor  in  the  classifying  of  land,  nor  in 
the  making  of  returns.  To  remedy  these  defects  the  State 
auditor  was  empowered  to  refund  moneys  improperly  paid 
for  taxes,  to  enter  lands  upon  the  lists  not  returned  by  the 
proprietors,  to  prosecute  delinquent  collectors,  to  make  ab- 
stracts of  public  lands  as  they  became  subject  to  taxation 
for  the  first  time,  and  to  correct  all  duplicates.^  He  was 
later  made  the  sole  judge  as  to  errors  made  in  levies  on  land, 
and  empowered  to  correct  the  same,*  and  supervised  the 
making  of  county  duplicates.''  He  had  the  supervision  of 
the  district  collectors,  preparing  their  duplicates  and  receiv- 

*  20  O.  L.,  p.  40.  *  Senate  Journal,  1809,  p.  16,  '8  0.  Z.,  c.  75. 

*  10  O.  L.,  c.  5.  '  15  0.  L.,  c.  60. 


78 


ADMINISTRATION  IN  OHIO 


[448 


ing  their  annual  reports/  prosecuting  delinquent  district 
collectors,  as  well  as  delinquent  taxpayers,  and  acting  as  a 
district  equalizer.^ 

The  plan  of  dividing  the  land  into  three  classes,  and  tax- 
ing each  class  at  a  fixed  rate,  proved  as  unsatisfactory  as  it 
was  arbitrary.  The  gathering  of  all  the  moneys  into  the 
State  treasury  and  redisbursing  them  to  the  various  counties 
proved  clumsy,  even  in  the  early  days  when  population  was 
sparse  and  business  not  complex.  The  relative  amount  of 
first  and  second  class  land  returned  gradually  diminished, 
for  property  owners  classified  their  land  as  low  as  possible. 
As  there  was  no  State  Board  of  Equalization,  and  no  means 
were  at  hand  for  co-ordinating  the  values  of  different  coun- 
ties, great  hardship  and  injustice  resulted.  In  1824,  e.  g., 
the  State  taxes  levied  on  Hamilton  county,  in  which  Cin- 
cinnati is  located,  and  which  was  then  the  only  town  of  any 
size  in  the  State,  were  $2,080,  while  Athens  county,  a  purely 
agricultural  community,  paid  $2,142  on  land  of  the  same 
description.  Thus  even  a  general  tax  on  land  was  not 
equitably  levied. 

The  following  table  shows  the  diminution  in  the  relative 
amount  of  first  and  second  class  land  returned,  and  the  rate 
of  taxation  and  total  taxes  collected.  It  is  seen  that  first 
class  land,  located  mostly  in  the  towns,  and  the  most  fertile 
farming  regions,  paid  the  least  amount  of  the  entire  moneys 
collected. 


""0 

"a-a 

S   B 

Co 

I'd 

eg 

•0  J 

J5 

■gTJ 

Rate  of  taxation  per 
100  acies. 

Total  Taxes. 

Ybaks. 

■Si 
§1 

■0& 

it 

tSo^ 

x8o8. 

x8io 

1815 

X820 

»83j 

7,353,856 
10.479.029 

9.933,099 
11,090,214 

J3.3'9.043 
13,025,073 

$090 
X  00 

!  1 35 

3  Co 
1  50 
X  50 

$065 
75 

I    CO 

3  68>i 
1   CO 
X    13^ 

$040 

JO 

6S 
I  78 

75 

$43,513  95 
67,501  Co 

85.9''4  39 

259.486  19 

1  =05,346  95 

300,405  35 

147,393     5,^80,131 
129,741     4.I77.9SO 
174,819     4,8,6,997 
2^c,c8^  ,   7,^04,6:3 

178,9^8  ■  s.672,277 

5,035,183 
5,63^,408 
6,058,398 
5.759.323 
7,173.798 

>  8  O.  L.,  c.  75. 


*  14  O.  Z.,  p.  79. 


449]  TAXATION  AND  LOCAL  FINANCE  yg 

The  fixed  assessments  upon  various  classes  of  personal 
property  proved  quite  as  arbitrary  as  the  tax  on  land.  All 
carriages  and  all  horses,  mules  and  certain  cattle  were  taxed 
alike,  regardless  of  their  real  value.  Petitions  poured  into 
the  Legislature  from  all  parts  of  the  State  praying  for  the 
enactment  of  more  just  measures. 

The  second  period  was  inaugurated  in  1825.  Real  prop- 
erty remained  the  basis  of  the  tax.  Provision  was  made  for 
its  valuation  at  "  its  true  value  in  money."  Little  attempt 
was  made  to  reach  personal  property.  Merchants  and 
brokers  were  arranged  into  eight  classes  by  the  Common 
Pleas  judges,  according  to  the  amount  of  capital  invested, 
and  a  definite  sum  was  assessed  upon  each  class.  This 
amounted  practically  to  a  license.  The  assessments  upon 
animals  subject  to  taxation  were  still  fixed  by  the  General 
Assembly  without  appraisement.  The  list  of  exempted 
property  was  very  large,  including  not  only  realty  used  for 
educational  and  religious  purposes,  but  until  1831  also  mills 
and  factories. 

The  county  officials  whose  duty  it  was  to  administer  these 
laws  were : 

I.  The  county  auditor.  This  office  was  created  in  1821, 
the  auditor  being  elected  for  a  term  of  three  years. ^  He 
has  become  the  principal  local  administrative  officer  in 
the  tax  system.  Many  of  the  functions  formerly  exercised 
by  the  county  commissioners  were  immediately  assumed  by 
him.  He  prepared  the  county  lists  of  lands  and  corrected 
the  township  lists.  He  settled  accounts  with  the  collectors, 
proceeding  against  any  delinquents;  prosecuted  all  delin- 
quent taxpayers,  sold  land  for  delinquent  taxes  and  made 
deeds  for  the  same,  reporting  all  such  sales  to  the  State 
auditor;  he  apportioned  the  taxes  among  the  townships  of 
his  county;^  he  sold  the  school  lands,  when  the  inhabitants 

» 19  o.  L.,  c.  62.  *  23  0.  i.,  p,  58. 


8o  ADMimSTRATION  IN  OHIO  [450 

of  a  county  so  directed;  collected  the  taxes  from  non-resi- 
dents, formerly  collected  by  the  district  collectors,^  and  pros- 
ecuted all  violations  of  the  license  laws.'* 

2.  The  county  treasurer,  who  in  1827  assumed  the  work 
of  collector.'  He  reported  to  the  State  auditor  through  the 
county  auditor. 

3.  The  Court  of  Common  Pleas,  that  at  first  made  the 
list  of  merchants  and  brokers,*  this  duty  devolving  after- 
wards upon  the  assessor,  and  that  continued  to  grant  all 
licenses  to  ferryboat  owners,  tavern  keepers,  auctioneers, 
peddlers,  physicians  and  lawyers.  ° 

4.  The  county  assessor,  first  elected  in  1827,'  with  the 
power  to  appoint  township  assessors,  listed  and  assessed  all 
taxable  property. 

5.  The  county  commissioners  had  now  been  completely 
deprived  of  tax  administration,  excepting  as  they  formed, 
together  with  the  county  auditor  and  assessor,  a  county 
Board  of  Equalization.''  This  subject  will  be  developed  in 
a  later  section. 

The  township  tax  remained  under  the  charge  of  the  town- 
ship trustees. 

The  administrative  functions  of  the  State  auditor  were 
also  extended.  In  addition  to  his  former  duties  he  had 
complete  supervision  of  realty  owned  by  non-residents." 
He  became  supervisor  of  insurance  companies  in  1830,"  and 
of  the  State  common  school  fund,  derived  from  the  sale  of 
school  lands."  All  taxes  paid  into  the  State  treasury  were 
listed  by  him,  and  he  furnished  every  county  auditor  and 
treasurer  with  a  copy  of  such  lists.  This  gradual  enlarge- 
ment of  the  powers  of  the  State  auditor  was  due  to  the  com- 

« 27  o.  £.,  p.  32.  » 29  o.  L.,  p.  310.  « 25  o.  L.,  p.  73. 

*  23  0.  L.,  p.  58.  •  29  0.  L.,  p.  310.  •  25  0.  L.,  p.  21. 
» 23  0.  L.,  p.  58.                               •  24  O.  L.,  p.  19. 

•  28  O.  L.,  p.  43-  "  24  O.  L.,  p.  59. 


45 1 ]  TAXATION  AND  LOCAL  FINANCE  §i 

pulsion  of  conditions.  This  was  fully  recognized  by  the 
State  officers.  In  1820  the  auditor  asked  that  all  local  tax 
officials  be  required  to  report  in  detail  to  him,  thus  ensuring 
in  the  tax  administration  "  harmony,  responsibility  and 
regularity."  ^  The  reason  for  this  request  was  the  rapid 
growth  of  local  taxation  and  the  lack  of  provisions  "  for- 
the  concentration  of  information  relative  to  the  sums  col-' 
lected  and  expended  for  county  and  township  purposes." 

Congress  had  granted  3  per  cent,  of  the  proceeds  of  the 
sale  of  public  lands  to  the  State  for  improving  roads.  This 
was  usually  distributed  with  manifest  lack  of  system  among 
the  various  counties.  The  road  commissioners  were  an 
irresponsible  board,  and  the  Governor  in  his  message  of 
1819  complained  that  this  money  was  practically  wasted,^ 
and  recommended  that  a  centralized  control  be  exercised  over 
it.  The  auditor  the  following  year  reiterated  this  sugges- 
tion, adding  that  the  State  auditor  could  most  efficiently  act 
as  such  official.  This  was  never  done,  and  the  moneys 
appropriated  by  the  Legislature  for  improvement  of  roads, 
as  well  as  the  "  three  per  cent,  fund,"  remained  in  irresppn- 
sible  hands. 

In  1839  an  exhaustive  report  on  the  financial  system  of 
the  State  was  made  to  the  Legislature  by  the  auditor.  "  It 
is  an  unfortunate  feature  of  our  whole  financial  system," 
recites  this  report,  "  that  upon  no  one  department  is  devolve^ 
either  the  ability  or  the  duty  of  presenting  in  one  document 
the  whole  character  and  condition  of  our  financial  affairs," 
and  this  lack  of  unity  in  the  reports  merely  reflected  the  lack 
of  centralized  control  in  the  respective  officers.  It  was  sug- 
gested that  the  State  auditor  be  made  the  administrative  head 
of  the  financial  department.  Half  a  century  elapsed  before 
this  was  done.  Indeed  at  this  period  a  new  financial  au- 
thority was  created,  "  The  Sinking  Fund  Commission,"  tp 

*  Senate  Journal,  1820,  p.  12.  *  Senate  Journal,  181 9,  p.  12. 


82  ADMINISTRATION  IN  OHIO  [452 

take  care  of  an  enormous  debt  that  had  been  contracted  for 
the  purpose  of  building  canals  and  turnpikes.  This  com- 
mission has  existed  from  its  initiation  as  an  entirely  inde- 
pendent board,  reporting  only  to  the  Legislature.  In  1851, 
however,  the  State  auditor  was  made  ex  officio  a  member 
thereof. 

The  act  of  1825  sought  to  equalize  the  tax  upon  land 
values.  It  did  not  attempt  to  reach  personal  property.  But 
as  the  State  developed  and  towns  multiplied  the  amount  of 
personal  property  rapidly  increased,  land  ceased  to  be  the 
principal  kind  of  property,  and  could  not  therefore  remain 
the  basis  of  an  equitable  tax  system. 

The  third  period  was  accordingly  inaugurated  in  1846.* 
"All  property,  real  and  personal,  money  and  credits,"  was 
made  subject  to  taxation.  Stringent  methods  for  the  listing 
and  appraising  of  personal  property  were  adopted.  As  this 
law  was  practically  embodied  in  the  Constitution  of  1851, 
and  is  even  now  in  force,  I  will  state  its  provisions  in  the 
amended  forms,  as  they  are  enforced  at  the  present  time. 

Real  property  is  appraised  once  in  every  ten  years  *  by 
appraisers  elected  in  each  ward  and  township.  The  State 
rate  is  fixed  by  the  Legislature  and  the  local  rate  by  the 
county  commissioners,  township  trustees  and  city  council. 

Personal  property  is  returned  annually.  Every  citizen 
over  twenty-one  years  of  age  is  furnished  with  an  elaborate 
blank,  upon  which  he  must  list  all  personal  property  owned 
by  him  and  its  value.  This  report  is  made  under  oath  and 
handed  to  the  assessor.  If  any  person  refuses  or  neglects 
to  make  the  required  returns  the  assessor  makes  the  returns 

*  44  C?.  L.,  p.  85.  The  principal  revision  of  the  law  was  made  in  1878.  75 
O.  Z.,  p.  436. 

•From  1826  to  1846  the  legislature  authorized  general  appraisements  by  special 
act.  Six  such  appraisements  were  made  in  that  time.  From  1846  to  i860,  ap- 
praisements were  made  every  seven  years;  since  i860,  every  ten  years. 


453]  TAXATION  AND  LOCAL  FINANCE  83 

from  such  information  as  he  may  be  able  to  obtain,  or  from 
his  own  personal  knowledge.  All  corporations,  except  ex- 
press, telegraph,  telephone  and  railroad  companies,  are  re- 
quired to  make  return  of  all  their  personal  property  to  the 
auditor  of  the  county  in  which  their  business  is  located. 
The  taxes  are  collected  by  the  county  treasurer. 

The  county  auditor  has  general  supervision  of  county 
taxes  and  their  collection.  He  has  the  power  to  revise  the 
lists,  and  to  compel  attendance  before  him  of  any  one  sus- 
pected of  fraud  or  delinquency,  and  upon  being  convinced 
of  a  willingness  to  omit  property  for  returns  he  may  add  as 
a  penalty  50  per  cent,  of  the  total  sum  of  the  property  found. 
If  he  thinks  personalty  undervalued,  he  has  limited  equaliz- 
ing power,  appeal  being  allowed  from  his  decision  to  the 
county  Board  of  Equalization.  He  supervises  the  listing 
of  all  property  and  compiles  the  "  grand  duplicate  "  for  these 
returns.  He  has  supervision  over  the  local  assessors,  and 
it  is  now  customary  for  these  to  secure  their  formal  instruc- 
tions from  him,  provision  being  made  for  this  procedure 
by  law.  He  can  inquire  into  the  manner  the  assessors  are 
prosecuting  their  work,  and  they  report  to  him  weekly.  He 
has  power  to  add  realty  to  the  duplicates  in  the  interim  of  the 
decennial  appraisements,  and  to  have  the  same  appraised. 
All  sales  for  delinquent  taxes  remain  under  his  supervision. 

Since  1859  ^  all  bankers,  brokers  and  railroads  are  com- 
pelled to  report  annually  to  the  county  auditor.  In  the  case 
of  railroads  the  county  auditors  of  the  counties  through 
which  the  line  passes  constitute  a  Board  of  Appraisers  for 
the  railroad  property.  They  are  not  required  to  report  their 
proceedings  as  such  a  board  to  any  higher  authority,  and 
have  full  power  of  inquiry,  including  the  usual  right  to  sub- 
poena witnesses,  administer  oaths  and  take  depositions.  An 
appeal  from  their  decision  now  lies  to  the  State  Board  of 

•56  az.,p.  175. 


it\ 


84  ADMINISTRATION  IN  OHIO  [454 

Appraisers  and  Assessors.  These  provisions  were  extended 
to  express  and  telegraph  companies  in  1878/  the  auditor, 
in  case  of  the  latter  companies,  having  the  sole  power  to 
correct  returns,  appeal  being  allowed  to  the  county  Board 
of  Equalization.  The  auditor,  however,  is  a  member  of 
the  board. 

These  administrative  powers  have  been  augmented  by  the 
special  tax  laws  passed  in  recent  years;  these  will  be  enu- 
merated later.  Besides  these  general  supervisory  duties 
over  tax  administration,  the  county  auditor  was  given  im- 
portant powers  over  the  county  treasury  by  the  independent 
treasury  act  of  1858.^  No  money  could  be  drawn  from  the 
county  treasury,  except  for  State  purposes,  without  the 
written  order  of  the  county  auditor,  and,  together  with  the 
county  commissioners,  he  examined  the  treasury  quarterly. 
This  provision  was  altered  in  1869,  lessening  the  restriction 
concerning  the  drawing  of  money  from  the  treasury  and 
authorizing  examinations  semi-annually.^ 

Thus  the  county  auditor  has  gradually  evolved  into  an 
important  administrative  officer  in  the  execution  of  the 
general  tax  laws.  The  other  officers  entrusted  with  tax 
duties  are  subordinate  to  him,  the  assessors  being  directly 
under  his  control,  and  the  treasurer  subject  to  his  examining 
power.  The  Board  of  County  Commissioners,  so  important 
as  tax  administrators  in  the  first  period,  have  now  no  other 
tax  power  than  that  of  fixing  the  county  levy  and  sitting 
as  a  Board  of  Equalization. 

Centralization  is  as  evident  in  the  increased  powers  of  the 
State  auditor.  He  receives  all  returns  from  the  county 
auditors,  and  his  directing  authority  over  them  not  only 
includes  the  transmission  of  forms  for  their  reports,  but  he 
can  revise  their  returns  and  order  a  re-valuation,  or  an  ex- 
amination into  any  details  he  may  see  fit  to  question.     He 

» 75  o.  L.,  p.  436.  » 55  o.  z.,  p.  44.  •  71  0.  L.,  p.  137. 


455]  TAXATION  AND  LOCAL  FINANCE  g^ 

prepares  the  State  duplicates  and  transmits  instructions  to 
county  auditors  for  the  decennial  appraisement  of  realty. 
He  apportions  the  State  taxes  amongst  the  various  counties 
and  notifies  the  county  auditors  of  their  counties'  share. 
He  is  a  member  of  the  State  Board  of  Equalization,  and  his 
instructions  and  advice,  though  not  obligatory  upon  the 
board,  are  usually  very  influential  in  determining  their 
decisions. 

Ohio  has  had  the  usual  experience  with  the  general  prop- 
erty tax.  The  law  utterly  fails  to  reach  personal  property. 
Though  all  the  processes  known  to  the  courts  are  open  to 
the  tax  officials,  yet  they  are  not  adequate  to  compel  a  man 
to  be  honest  in  listing  his  personal  property.  The  law  is 
constantly  evaded.  It  seems  to  be  expected  of  a  man  of 
large  possessions  that  he  submit  only  a  small  portion  of  his 
wealth  to  taxation.  The  tax  commission  of  1893  found 
that  "  intangible  property  pays  but  9.4  per  cent,  of  the  taxes 
of  the  State,"  and  that  "  tangible  property  is  grossly  under- 
valued." ^ 

The  fault,  however,  lies  not  entirely  in  inefficient  admin- 
istration. It  is  simply  impossible  to  reach  intangible  prop- 
erty for  purposes  of  taxation  by  means  of  a  general  tax. 
The  details  of  the  Ohio  laws  are  on  the  whole  probably  as 
well  administered  as  are  the  laws  in  other  States.  The  fal- 
lacy lies  in  the  theory  underlying  the  law,  that  citizens  will 
actively  co-operate  with  the  State  in  the  enforcement  of  tax 
measures. 

In  order  to  meet  these  weaknesses  the  State  has  practically 
separated  the  two  kinds  of  property  for  tax  purposes.  To 
reach  intangible  property  new  laws  have  been  enacted.'' 
To  cure  its   inequality  the  realty  tax  has  virtually  beai 

*  Report  of  the  Tax  Commissioner  of  Ohio,  pp.  69,  70. 
'  Vide  infra. 


86  ADMINISTRATION  IN  OHIO  [456 

assigned  to  county  and  municipal  purposes.  The  inequality 
in  this  tax  has  been  in  large  measure  due  to  the  failure  of  the 
present  system  of  equalization.  Appraisements  taken  at 
intervals  of  ten  years  cannot  register  the  gradual  shifting  in 
values,  because  land  values  change  a  great  deal  in  a  decade, 
especially  in  cities.  Again,  the  greater  the  interval  between 
appraisements,  the  more  difficult  the  task  of  equalization. 
And  no  realty  tax,  even  if  confined  to  a  small  area,  can  be 
equitable  if  efficient  equalization  is  not  provided.  In  Ohio 
equalization  is  inefficient.  The  boards  of  equalization  pro- 
vided are  too  clumsy,  the  tax  area  too  large,  and  the  interval 
between  appraisements  too  great. 

The  following  table  shows  the  growth  of  the  general 
property  tax.  It  is  evident  that  the  growth  in  population, 
especially  urban  population,  has  been  much  more  rapid  than 
the  increase  in  the  assessed  value  of  taxable  property  reveals. 
The  value  of  personalty  has  never  been  even  one-half  that 
of  the  realty.  The  appraisements  in  the  more  recent  years 
have  not  augmented  the  totals  as  much  as  these  of  the  earlier 
period. 


457] 


TAXATION  AND  LOCAL  FINANCE 


87 


rt    fit 

51. 


o 

o 
H 


o»     o\     o» 


t^        10        0\ 
11        •«*-       "^ 


85 


=    S 


«        VO         >-< 


M  M  M  N 


00  O  mf^O  r^r~0  rot^>-i  trtoo  •*00  ■«»•  ►^  n  O 
t^—   O  u^^O^OO  M  vO^OO^vO  f*^  0_  f^  ^^  "^  'C 

000   U-)  O\00    Tl- C4   CT>  I-"   »OvO   »/^  O^  O   fOvO   O  CO 
rr>  t^aO  t^oo  1^00  00  OOOvO   >ltO^O^O^O00  O  O^ 


8888888888888  88v2-2^SS 


ION  t^^P*  't'-'vO  t^  f*5vO  O  O  fOOO  00  >-'  vO  vO 
O  r^  ^'O  ■^  «  CO  M  N  O  u^vO  u^  •-.  o^  O^00  '-  00 
M   ^   M   u^\0   N   too   O   "^O^   roii^u-»t^N4   f*^vO 


1-    n   m  fT)  t<i  Tf  rr  rf  rr 


^  tF  •»?i 


I  00   N   •1   rf  t-» 


O  U-)  i/->  ro  O  Tl-00  O  00  0\ 
C^  «^vO  .-_  "1^  ^^  Q,^ 
C^vd"  f^  fO  fOvO  ^  rT  d"  I-"" 
tI"  N   U-)  On\0   On  ts   O   "".  fO 

^  *t?  ^2  1  '^  '^  *^  ^'^,  '^ 

vo  fToo  <y>  o  rovood  ci  t^ 

ONI   M   ui«   CT^OOO   Q\vO 
►-  w  i-  Tl-  inoo  00  ec  11 


•H  10  On  r».vo  00  O 
t^vO  t^  t^  t^  N  O 
O;  On  1^  -^  fO  N  O^ 
^  LT)  r^oo  f^  ro  cT 

«s  »-  o  <^  o  "^00 

M     «N|     N     M     N     O     N 

rtoo  tCoO  r^  'TOO 
O  1000  t^  O  fOvO 
U-)  irj  10  t^  r^OO  On 


IS   ON  fO  '<i-  ^>.  5n  f,vO   ro  fO  OnvO   t(-  O  ►< 

i°9>  '^  '^  ^  'd  'C*!  ^  1 "  "^  T  "C*^ 
vnoooaS  •-?  cT  ■>?iAi-«'odNo'  "^cTno"  o  fO'rc-NcT 

rO  O  00  ro  O  »^nO  O^O  OvOOO  i->no  i^  cOnO   ■*  W 
O   '^■-"   O   iOf«10N0N0'«l-  OnvO   m  >-   t^OO  m  00   O 

wrowt^tCcTf^o^  t^od  00  e^  ^  NO  10  roNO  on  ►- 

w   N   N   M   M    irOO   C^   On  Tj-  Tj-  10  t~»  u->00   ■^  m  to  0\ 


O  r^  t>>  M  r^NO  OHOiNNO^i-irONi-iMro 
^t-»ONONfnfOrOO  >-  I-  iO<*»rO  rOOO  w  ro  N  00 
00  u-it^NOOvO  t^ON'**^  vonO   O   On  r«1  f^  on  ^^  ■-• 


^  ^  '^  1°^  ^  *^  "1;*^*^*^^^  <i  ^  't?  Q,  'I.  1 

to  tC  10 1^  o  ^no  ro'^^^t^iocr«-rNi-r'^t-» 

►H   to  t«»00   OOOOnOc^,  roONOOf<^tol>*t^ 
«^  M  M   ro  ro  lONO  n0000'-i«-'N>-'N<O 


<0'rvoOi-<NOt>.r<^'<j-Qi-«0"OiO'-'0"< 
M  rOfO'4'Tl-^Ttto  toNO  NO  r«.  t^oo  00  on  On  O  O 

ooooooooooaooooooooooooooooooooooo  onon 


Sll 


"•3    2 
•    ••    * 


8§  ADMINISTRATION  IN  OHIO  [4 eg 

EQUALIZATION 

There  are  three  sets  of  equalization  boards,  corresponding 
to  the  three  most  important  administrative  units,  the  State, 
the  county  and  the  city. 

The  State  boards  comprise  the  decennial  board,  composed 
of  one  member  elected  from  each  senatorial  district  and  the 
State  auditor,  and  the  annual  State  board  for  equalizing 
bank  and  railroad  property,  composed  of  the  State  auditor, 
State  treasurer  and  Attorney-General.  The  county  boards 
are;  the  annual  board,  composed  of  the  county  commissioners 
and  the  auditor,  and  the  decennial  board,  the  same  as  the 
annual  board,  including  the  county  surveyor.  The  city 
boards  are  also  annual  and  decennial.  Their  organization 
depends  upon  the  size  of  the  city.  Usually  they  comprise 
the  county  auditor  and  six  members  elected  by  the  council. 

There  is  no  degree  of  centralization  apparent  in  the  his- 
tory of  these  boards,  excepting  that  now  local  boards  are 
considered  "  mere  supervising  assessors  of  property,"  ^  sub- 
ject to  the  reviewing  power  of  the  State  board. 

The  system  of  equalizing  assessments  has  proved  quite  as 
unsatisfactory  as  has  the  general  property  tax.  The  State 
board  is  bulky;  it  meets  only  once  in  ten  years,  and  values 
change  appreciably  in  that  period,  especially  in  cities.  Po- 
litical log-rolling  always  is  manifest,  and  rarely  has  there 
been  a  general  increase  in  the  total  appraised  value;  in  recent 
years  none.  The  board  seems  to  devote  its  time  to  the 
reduction  of  assessed  values  rather  than  to  their  equaliza- 
tion. The  most  serious  defect,  however,  is  the  lack  of 
powers.  Usually  these  are  defined  by  specific  legislation, 
although  the  board  is  created  by  the  general  tax  law.  Par- 
cels of  realty  have  never  been  equalized.  Either  an  entire 
county  or  municipality  must  be  taken  as  a  unit,  and  the 

^  Journal  state  Board  of  Equalizjtion,  1880,  p.  158. 


459]  TAXATION  AND  LOCAL  FINANCE  89' 

board  can  raise  or  lower  the  aggreg-ate  in  such  unit  by  add- 
ing or  deducting  such  per  cent,  as  they  think  equitable: 
They  may  lower  or  raise  the  aggregate  returns  of  the  State 
after  the  individual  counties  have  been  equalized.  This" 
usually  entails  the  only  severe  struggle.  The  law  fixes  the 
maximum  per  cent,  of  such  aggregate  additions  or  deduc- 
tions. In  1870  it  was  only  one  per  cent.,  and  the  board 
memorialized  the  Legislature  to  increase  this,  because  they 
thought  that  the  81  per  cent,  increase  in  State  valuations 
during  the  preceding  decade  represented  a  greatly  inflated 
value,  and  that  the  aggregate  returns  should  be  considerably 
lessened  to  equalize  the  values  between  counties  that  had  not 
returned  excessive  valuations  and  those  that  had.^  The 
Legislature  extended  the  limit  to  12%  per  cent.,  where  it 
has  remained. 

The  State  auditor  furnishes  the  board  with  maps,  statis- 
tics and  any  other  information  desired.  The  board  has 
several  times  asked  for  an  |  extension  of  powers,  and  the 
Governors  have  at  various  jimes  shown  the  inadequacy  of 
the  board  because  of  its  unwieldy  size  ^  and  of  its  limited 
powers. 

An  important  step  toward  centralization  in  city  equaliza- 
tion was  taken  by  the  last  Legislature  in  providing  a  board 
of  review  for  equalizing  real  and  personal  property.  When- 
ever a  county  auditor  makes  application  for  such  a  board 
for  any  municipal  corporation  in  his  county,  the  State  board 
of  appraisers  and  assessors  for  railroads  and  banks  are  to 
appoint  three  citizens,  freeholders  of  the  city,  and  not  more 
than  two  of  the  same  political  party,  to  act  as  a  board  of 
equalization  for  that  municipality.  The  appointment  is  for 
five  years,  and  a  salary,  not  to  exceed  two  hundred  and  fifty 

*  yournal  State  Board  of  Equalization,  pp.  26-7. 

'  There  are  thirty-eight  senatorial  districts  in  the  State.  Vide  also  Governor' i 
Message,  1900. 


90  ADMINISTRATION  IN  OHIO  [460 

dollars  a  month,  is  determined  upon  by  the  county  commis- 
sioners, and  though  this  is  a  city  board,  their  pay  is  drawn 
from  the  county  treasury.  The  county  auditor  is  secretary 
of  the  board,  and  must  be  present  at  each  meeting,  receiving 
five  dollars  a  day  for  this  extra  labor.  This  board  of  review 
takes  the  place  and  has  the  powers  of  the  former  annual  and 
decennial  city  boards  under  any  or  all  the  laws  now  in  force 
for  municipalities.  The  board  continues  in  session  through- 
out the  year,  but  the  State  Board-  of  Assessors  and  Ap- 
praisers has  the  power  to  fix  a  time  limit  within  which  the 
work  must  be  completed.  The  State  board  also  may  remove, 
at  their  discretion,  any  member  from  the  local  board. 


46i] 


TAXATION  AND  LOCAL  FINANCE 


91 


o 

i 
s 

Ik 

O 

g 
PQ 

i 

o 

in 

O 

OS 
M 
P< 

O 
M 


IS 


t3 
•-) 

•-) 

n 
i5 


s  ft 

I? 

ft  ti 


« 

I  § 

§  I 
o 


V 

^ 


S 

Ki 

s 

» 


«> 

J 

to 

00 

1 

•pajonpaa 

^ 

00 

N 

Ov 

« 

«o 

JO  pappv  '1U33  "J 

•g 

+ 

1 

1 

1 

1 

0 

^ 

t^ 

^ 

M 

Ov 

^ 

M 

M 

VO 

*^ 

n 

■<1- 

•pazi 
-psnba  SB  snqoinio^ 

^ 
0 

00 

On 
N 

vO 

0 
0 

VO 

\n 

rn 

N 

N 

f^ 

"W 

W 

■<t- 

«o 

^ 

'*• 

vn 

o\ 

•papnpaa 

CO         t^        t^        f^ 

1- 

VO 

ro 

VO 

t^ 

JO  psppv  "lusa  »d 

+     +     -f-     + 

+ 

T 

+ 

T 

VO 

1 
00 

«        00 

W 

OV 

M 

g 

N 

r* 

0\ 

M 

fO 

N 

•pazii^nbg 

00 
VO 

cT 

»-t 

VO 

00 
if 

SB  spuBq  uMox 

>5        so 

VO 

"<i- 

CT^ 

00 

00 

Tf 

■* 

•papnpaa 

oc 

»       r 
^ 

1 

•* 

VO 

fO 

o> 

t^ 

JO  pappv  'IU33  J3J 

4 

-    4 

-       +       + 

+ 

1 

+ 

T 

1 

00              M 

fO 

0\ 

r«. 

VO 

u- 

fO       ro 

■* 

t^ 

»o 

^. 

11- 

•pazfiBnba 

0^ 

to 

«o 

10 

00 

VO 

6«  spueq  uuBj 

00         \r, 

vO         0 

00 

^ 

VO 

ro 

to 

VO 

m      w 

N 

t-» 

VO 

fO 

ir 

<»       w 

"^ 

"* 

"^ 

M 

M 

»>. 

■<*• 

«0 

»«. 

0 

»o 

M 

00 

00 

VO 

M 

« 

|i4 

N 

vO 

M 

00 

VO 

•snqmnio3 

^ 

00 

'i- 

0 

fO 

o\ 

10 

00 

r^ 

•^ 

u- 

VO 

'If 

"1 

^ 

»o 

1^ 

«» 

•>*- 

u% 

^ 

^ 

1        C 

*^ 

t^ 

«^ 

tr> 

00 

? 

^ 

0      m 

o> 

rj- 

^ 

VO 

N 

V 

■>     c 

»o 

VO 

»o 

N 

00 

•iC;p83H  UMOi  anjBA 

\      ^ 

>         ^ 

0    oST 

VO 

VO 
VO 

00 

fo 

VO 

OC 

i       I 

r 

Ov 

ro 

o\ 

i: 

o» 

r,      ti 

)     t 

^      VO 

VO 

VO 

VO 

0 

N 

r 

0       1 

>.     e 

\         N 

00 

\r> 

to 

•* 

r 

0      « 

1          l; 

■>     « 

fO 

00 

10 

N 

iri 

•spuBq  mj« J  9n\v\ 

^ 

^       J 

>      c 

i      i2 

o\ 

VO 

to 

00 

00 

ro 

^ 

h       t 

^     *< 

n    00 

N 

ro 

00 

u-> 

*>. 

»■ 

1       ^ 

1      1 

■>     0 

M 

»4 

10 

VO 

10 

<M 

I 

M 

*" 

N 

** 

** 

n 

> 

vr 

>         n 

r\       *■ 

«         fO 

cjv 

6 

i 

0 

i 

»4 

r 

1         ^ 

0 

r      "1 

10 

t^ 

o\ 

oc 

>        0( 

>        OC 

>      00 

00 

00 

«0 

00 

92 


ADMINISTRATION  IN  OHIO 


[462 


o 

S  .a 


a  § 


w  .« 


II 


5  f 

W  * 

ft  •§ 

M  8 


0 

« 

o\ 

10 

CO 

t^ 

^ 

c<       , 

t^ 

CO 

»o 

t^ 

»^ 

0 

t>. 

VO 

•satjano^ 

N 

qv 

10 

0 

Ov 

t^ 

0. 

VO 

m  snoipnpaQ 

00 

8 

1^ 

8 

o> 

VO 

vo 

a 

ajBSaaSSy  F?oj, 

ro 

VO 

CO 

VO 

CO 

dv 

d 

^ 

"^ 

« 

N 

CO 

« 

CO 

fO 

M 

u-i 

CO 

t>. 

VO 

N 

to 

■>*• 

VO 

OV 

00 

VO 

Tf 

CO 

•sapuno^ 

0 

00 

m 

P» 

« 

t^ 

0 

ni  suoijippv 

i 

VO 

I 

^ 

CO 

v8 

^ 

3}b33j33v  I^JOX 

fO 

00 

0" 

vo" 

0. 

1 
0 

«% 

** 

HH 

CO 

1^ 

00 

~lf 

Tf 

VO 

t^ 

VO 

VO 

VO 

po 

Ov 

o\ 

Tj- 

Ov 

00 

N 

«r> 

VO 

l^ 

Tl- 

CO 

■<1- 

0 

•^ 

•3SB3JD 

'I- 

1 

N 

0 
VO 

J? 

vS 

-3Q  JO  dSBSJOaj 

4- 

VO 
1 

00 

__L 

CO 

VO 

*1 

VO 
1 

qv 
w 
1 

VO 

•XJIB3H 

ro 

VO 

ON 

00 

00 

5 

CO 

00 

VO 

VO 
CO 

•n" 

C>) 

l^ 

vd 

CO 

CO 

CO 

JO   aniB^  sjbS 

0 

to 

Ov 

0 

00 
VO 

VO 

-3j33v  p32i[Bnba[ 

VO 

vO 

CO 

dv 

M 

cT 

d 

VO 

VO 

1-4 

M 

CO 

5- 

VO 

t^ 

X;i3  puB  UMox 

"^ 

Ov 

N 

5 

1-4 

VO 

00 

VO 

rj 

VC 

«         O; 

Ov 

0 

ON 

0 

0 

W 

>lO 

oc 

0           VJT 

VO 

i 

vd 

00 

•<? 

JO    SniB^    3iB3 

2^ 

c 
c 

V     q\      0\ 

CO 

qv 

VO 

§J 

CO 

CO 

VO 

-aiSSy  psujnja^ 

T 
^ 

-        t^       VO 
H         VO 

Ov 
CO 

00 

CO 

00 

CO 

00 

o> 

VO 

"*  ^ 

t^  ■ 

CO 

•* 

10 

t^ 

0 

Tj- 

00 

N 

vO 

vg 

Tj- 

N 

fO 

10 

00 

M 

VO 

VO 

0 

l>. 

VO 

CO 

Ov 

Ov 

M 

00 

t^ 

•3SB3J3 

^ 

VO 
VO 

VO 

00 

4 

VO 

*-4 

^ 

cT 

CO 

vd 
0 

-3Q  io  asBaJouj 

4- 

1 

CO 

VO 

J_ 

0 

VO 
00 

_L 

00 

VO 

J 

xrt 

VO 

t-» 

ov 

00 

VO 

Ov 

o\ 

N 

fO 

TJ- 

N 

VO 

0 

00 

•pazjiBTibjj  SB 

VO 
CO 

q. 

CO 

VO 

00 

0^ 

00 

»o 

vd 

O; 

VO 

4 

snjBA  3}b33j§3v 

I>4 

^ 

V? 

VO 

vO 
0 

CO 

CO 

C>) 

00 

% 

t^ 

6\ 

t-t 

VO 

n- 

■^ 

OS 

t^ 

fO 

VO 

N 

00 

00 

00 

VO 

vS 

«% 

fj 

■^ 

■* 

VO 

VO 

VO 

m 

~^ 

r 

1         Ov 

VO 

~~^ 

•«*• 

VO 

CO 

W 

a\ 

u 

■>      VC 

)      00 

CO 

^ 

N 

t>. 

l^ 

0\ 

-* 

f 

^      r 

^         N 

Tf 

0 

t>. 

t^ 

N 

•p3UJni3>J  SB 

r 

T        C 

d" 

00 

CO 

0 

N 

^ 

k-i 

sniB^  a}B33j33v 

t^ 

i: 

}; 

VO 

0, 

M 

VO 

q> 

t-i 
CO 

0* 

CO 

qv 

"^ 

f       f 

:'  v8 

c^ 

CO 
OV 

vO 

VO 

00 

vO 

«a 

M 

•^ 

"*■ 

t^ 

t^ 

VO 

VO 

-    g.-^ 

u 

■>       r 

ri' 

CO 

•<*• 

r^ 

CO 

10 

VO 

li 

T       r 

VO 

VO 

CO 

0 

Ov 

VO 

«^ 

«: 

C 

0 

Th 

M 

Ov 

0 

Ov 

•pnBq 

ro 

oc 

1/ 

0       vo" 

d 

vd 

cT 

vd 

00 

00" 

OIIBjI  jo  S3JDV 

■* 

^ 

c 

>- 

«            CO 

VO 

CO 

CO 

VO 
CO 

CO 

VO  . 

vo 

^ 

i       C 

CO 

•<f 

VO 

VO 

VO 

VO 

VO 

>- 

r 

1       N 

M 

N 

W 

CJ 

N 

N 

VO 
C4 

r" 

<       VO 

CO 

»o 

OV 

VO 

g. 

& 

§v 

8 

^ 

00 

OC 

« 

)       00 

1               M 

00 

00 

00 

00 

00 

ov 

463]  TAXATION  AND  LOCAL  FINANCE 


93 


SPECIAL  TAX   LAWS 

The  Liquor  Tax.  The  gathering  of  revenue  has  become 
a  secondary  object  in  the  Hquor  Hcense.  The  primary  ob- 
ject is  to  restrict  the  traffic.  This  differentiates  the  Hquor 
tax  from  the  other  sources  of  revenue  enumerated  under  this 
division.  Previous  to  18 18  the  county  commissioners 
granted  tavern  Hcenses.  In  that  year  the  Court  of  Common 
Pleas  was  given  the  power.  ^  The  tax  was  collected  with 
the  other  county  taxes,  and  was  devoted  to  local  needs.  A 
local  option  law,  passed  in  1847,  ^^'^  meant  to  apply  to  only 
ten  named  counties  of  the  State,  was  repealed  the  following 
year,'^  and  the  liquor  tax  was  placed  under  the  control  of  the 
Probate  Judge  until  1883,'  when  a  general  license  law  was 
passed.  The  county  auditor  made  a  special  duplicate  for 
this  tax,  and  he,  together  with  the  prosecuting  attorney, 
was  entrusted  with  the  enforcement  of  the  act.  The  license 
fee  was  two  hundred  dollars  a  year,  distributed  between  the 
county  and  city  funds.  The  law  was  amended  in  1886,  its 
provisions  being  made  more  stringent.*  In  1888  the  tax  was 
raised  to  $250  a  year,**  and  two-tenths  per  cent,  of  the  tax 
was  reserved  for  the  State  treasury.  In  1896  it  was  again 
raised  to  $350  a  year,*  and  a  redistribution  made,  and  in 
1900  it  was  applied  to  buffet  cars  running  in  the  State.' 

Several  local  option  laws  have  been  passed  in  recent  years ; 
the  most  important  one  was  enacted  in  1897.* 

The  effort  to  tax  personal  property  has  resulted  in  the 
enactment  of  numerous  laws  that  reach  the  individual  indi- 
rectly, either  through  an  assessment  upon  collateral  inherit- 
ance or  through  the  profits  of  corporations. 

A  final  attempt  was  made,  however,  to  secure  adequate 
returns  from  individuals  in  the  passage  of  the 

*  16  o.  Z.,  p.  44.  *45  o.  L.,  p.  39.  '  80  0.  z.,  p.  164. 

*  83  o.  z.,  p.  157.  •  85  0.  z.,  p.  116.  « 92  o.  z.,  p.  79. 
»  95  O.  L.,  p.  564.                "95  O.  Z.,  p.  87. 


94  ADMINISTRATION  IN  OHIO  [464 

DELINQUENT  TAX  OR  INQUISITOR  LAW 

This  singular  and  stringent  measure  was  enacted  in  1888,* 
It  had  previously  been  in  force  as  a  local  measure  in  Cincin- 
nati ^  since  1880,  and  in  Cuyahoga,  Lucas  and  Franklin 
counties  (containing  the  cities  of  Cleveland,  Toledo  and 
Columbus)  since  1885.'  The  law  empowers  the  county 
commissioners,  county  auditor  and  county  treasurer,  or  a 
majority  of  them,  "  when  they  have  reason  to  believe  that 
there  has  not  been  a  full  return  of  property  within  the  county 
for  taxation,  to  employ  any  person  to  make  inquiry  and  fur- 
nish the  county  auditor  the  facts  as  to  any  omission  of  prop- 
erty for  taxation,  and  the  evidence  necessary  to  authorize 
him  to  subject  to  taxation  any  property  improperly  omitted 
from  the  tax  duplicate."  This  officer  is  called  the  tax  in- 
quisitor, and  his  pay  is  not  to  exceed  twenty  per  cent,  of  the 
amount  he  actually  turns  into  the  county  treasury,  except  in 
the  four  counties  named,  where  he  may  receive  twenty-five 
per  cent. 

The  inquisitor  has  the  usual  powers  for  examining  wit- 
nesses, and  acts  as  prosecutor  in  all  cases  of  delinquency, 
placing  the  testimony  before  the  auditor,  who  decides  each 
case.  If  the  delinquent  refuses  the  inquisitor's  summons, 
the  auditor  requests  the  Probate  Judge  to  issue  process,  but 
even  in  such  instances  the  auditor  determines  what  sums 
shall  be  placed  on  the  duplicate.  The  auditor  is  thus  the 
final  judge,  and  the  efficiency  of  the  law  depends  upon  his 
rulings  quite  as  much  as  upon  the  activity  of  the  tax  spy. 
A  commission  of  five  per  cent,  of  all  the  moneys  thus  col- 
lected is  paid  to  him.  The  Supreme  Court  of  the  State  has 
ruled  that  the  inquisitor  can  compel  the  auditor  to  act  upon 
information  furnished  by  him.*     This  is  in  reality  the  only 

» 89  o.  L.,  p.  170.  » 77  o.  L.,  p.  204.  » 82  o.  L.,  p.  152. 

*  State  vs.  Crites,  48  O.  S.,  p.  142. 


465]  TAXATION  AND  LOCAL  FINANCE  95 

new  function  the  law  adds  to  the  State  tax  system,  as  the 
act  of  1 86 1  authorized  the  auditor  and  assessors  to  compel 
testimony  of  all  delinquents  before  a  regular  law  court/ 
and  it  had  been  decided  by  the  United  States  Supreme  Court 
that  under  this  act  even  the  cashier  of  a  bank  may  be  sum- 
moned and  compelled  to  testify  and  to  bring  his  books  to 
show  the  individual  deposits  in  the  bank.^  Perhaps  one 
reason  why  this  power  was  not  more  frequently  exercised 
by  the  auditor  was  because  the  office  is  elective,  and  the 
official  would  not  seek  to  incur  the  displeasure  of  formidable 
constituents. 

There  is  no  greater  degree  of  centralization  in  the  in- 
quisitor system  than  in  the  former  methods  of  reaching 
delinquents.  In  practice  the  system  has  reached  the  dead 
level  of  mortgage  hunting;  unrecorded  personalty  is  not 
found.  The  practical  result  is  that  a  function  that  should 
be  performed  by  the  auditor  is  shifted  upon  an  additional 
officer. 

Under  State  supervision  the  measure  might  be  more  effi- 
cient. Local  political  influences  would  then  be  less  potent. 
At  present  less  than  two  per  cent,  of  the  tax  on  intangible 
personalty  is  derived  from  the  inquisitor's  efforts,  a  ridicu- 
lous sum  considered  in  the  light  of  the  relative  returns  of 
personalty  and  realty. 

THE  COLLATERAL  INHERITANCE  TAX 

This  tax  was  inaugurated  in  1903,'  and  makes  all  estates 
above  the  sum  of  $10,000  that  do  not  descend  to  a  direct 
heir  liable  to  a  tax  of  3^^  per  cent,  of  their  value.  The 
Probate  Judge  appoints  three  appraisers,  who  report  to  him 

'  58  o.  L.,  p.  47. 

•  First  National  Bank  of  Youngstown  vs.  Auditor  Mahoning  County,  106  I/.  S., 
P-  523. 
•90  C>.  L.,  p.  14. 


96  ADMINISTRATION  IN  OHIO  [4615 

the  value  of  the  property  and  the  amount  liable  to  the  tax. 
The  Probate  Judge  reports  semi-annually  to  the  county 
auditor  the  property  within  the  jurisdiction  of  his  court  that 
has  become  subject  to  the  tax.  A  direct  inheritance  tax, 
passed  in  1898,  was  declared  unconstitutional  the  following 
year. 

These  laws  are  primarily  local  in  their  administration 
and  effect,  the  county  auditor  exercising  considerable  admin- 
istrative authority  in  each  case. 

Beginning  in  1889,  a  series  of  laws  were  enacted  attempt- 
ing to  adjust  tax  methods  to  the  fact  that  the  vast  body  of 
property  had  become  corporate.  The  basis  of  industry  had 
shifted  from  the  individual  to  the  corporation,  while  the 
basis  of  taxation  has  remained  the  individual.  These  taxes 
were  in  the  nature  of  fees,  franchise  taxes  and  excise  taxes. 
In  1902  they  were  all  gathered  into  two  measures.  They 
^.re  administered  by  State  officers. 

THE   EXCISE   TAX  ^ 

This  statute  embraces  in  its  operation  the  following  cor- 
porations :  electric  light ;  gas,  natural  gas  companies ;  pipe 
lines,  water  works;  street,  suburban  or  interurban  railways; 
express,  telegraph  and  telephone  companies;  messenger  and 
signal  companies;  union  depot  companies;  railroad  com- 
panies. These  are  to  report,  under  oath,  annually  to  the 
State  Auditor.  The  report  is  to  set  forth  the  nature  of  the 
company,  the  names  and  addresses  of  its  officers,  the  prin- 
cipal officers  in  Ohio  and  their  addresses;  if  express  com- 
pany, the  gross  receipts  of  each  agent  in  Ohio,  and  of  the 
entire  company  outside  of  the  State;  if  a  telephone  or  tele- 
graph company,  the  gross  receipts  of  each  office  in  the  State, 
and  of  the  entire  company ;  if  a  railroad  wholly  within  the 
State,  its  gross  earnings ;  if  partly  within  the  State,  the  gi:QS5 

^9S  o.L. 


467]  TAXATION  AND  LOCAL  FINANCE  gy 

earnings  of  the  entire  line,  with  total  mileage  and  mileage 
in  the  State;  if  a  street,  suburban  or  interurban  railway,  the 
gross  receipts,  and  if  doing  business  outside  of  Ohio,  the 
gross  receipts  and  total  mileage  and  mileage  within  the 
State;  all  other  companies,  the  gross  receipts  of  business 
done  in  Ohio;  and  such  other  facts  as  the  auditor  may  require. 

These  returns  are  laid  before  the  State  Board  of  Ap- 
praisers and  Assessors,  composed  of  the  State  Auditor  as 
chairman.  State  Treasurer,  Attorney-General  and  Secretary 
of  State. 

This  board  can  compel  attendance  of  witnesses  and  ex- 
amine them  under  oath,  can  order  officers  of  any  company 
to  appear  and  bring  the  company's  books,  and  may  impose 
very  heavy  penalties,  designated  by  law,  upon  all  delin- 
quents. The  board  reviews  its  own  findings  "  as  it  may 
see  fit."  It  determines  the  gross  receipts  of  each  company, 
upon  which  the  auditor  imposes  a  tax  of  one  per  cent. 

THE  FRANCHISE  TAX  ^ 

Every  corporation  for  profit  organized  under  the  laws  of 
Ohio  is  compelled  to  report  annually  to  the  Secretary  of 
State.  The  report  is  to  set  forth,  among  other  things,  the 
authorized  capital  stock  and  par  value  of  each  share,  the 
amount  of  capital  stock  subscribed,  issued  and  paid  up. 
The  Secretary  of  State  is  to  collect  a  fee  of  one-tenth  of  one 
per  cent,  upon  the  "  subscribed  or  issued  or  outstanding 
capital  stock."  The  tax  is  not  to  be  less  than  ten  dollars  in 
any  case. 

Every  foreign  corporation  organized  for  profit,  and  doing 
business  in  the  State,  reports  in  addition  the  value  of  the 
property  used  in  Ohio,  and  a  similar  tax  is  collected  upon 
the  proportion  of  the  capital  used  in  the  State. 

»  95  O.  L,  p.  134- 


98  ADMINISTRATION  IN  OHIO  [468 

Corporations  not  for  profit  are  also  required  to  report 
annually,  but  no  tax  is  imposed. 

Besides  the  above  taxes  many  companies  are  required  to 
pay  annual  fees/  These  are  applied  to  the  maintenance  of 
central  bureaus  of  supervision,  e.  g.,  the  office  of  Fire  Mar- 
shal and  the  Superintendent  of  Insurance  are  maintained 
by  insurance  company  fees. 

The  reason  vv^hy  these  fees  and  the  franchise  tax  are  col- 
lected by  the  Secretary  of  State  instead  of  the  auditor  is 
because  all  articles  of  incorporation  are  issued  by  him,  and 
in  his  office  is  kept  a  list  of  all  corporations  in  the  State.  He 
reports  monthly  to  the  auditor.  The  corporations  have  a 
right  to  be  heard  before  the  Secretary  of  State,  and  may. 
appeal  to  the  auditor,  Attorney-General  and  Treasurer,  who 
act  as  a  sort  of  equalizing  board. 

All  corporations  that  pay  an  excise  tax  are  exempt  from 
this  act,  as  are  all  that  are  required  to  fill  out  special  reports. 
These  latter  are  insurance  companies,  building  and  loan 
associations,  fraternal  insurance  companies  and  banks. 

Insurance  companies  and  fraternal  insurance  orders  are 
subject  to  the  scrutiny  of  a  State  Insurance  Commissioner, 
and  pay  heavy  fees  for  the  support  of  that  department. 
Building  and  loan  associations  are  likewise  controlled  from 
a  central  office,  and  pay  an  excise  tax  upon  their  capital 
stock. 

The  Constitution  of  1852  provided  special  means  for 
taxing  banks ;  they  are  placed  under  strict  State  surveillance. 

As  noted,  the  gradual  separation  of  the  State  from  the 
municipality,  as  a  tax  unit,  is  very  apparent.  The  more 
recent  laws  have  tended  toward  this  segregation.  Real 
estate  has  become  the  basis  of  local  revenue,  while  the  fran- 
chise and  excise  taxes  produce  the  greater  part  of  the  State's 
income. 

1  Vid.  Revised  Statutes  Ohio,  sect.  148a. 


469]  TAXATION  AND  LOCAL  FINANCE  99 

The  last  installment  on  the  funded  debt  of  the  State  is 
due  in  1903.  When  this  has  been  cancelled  the  State  author- 
ities expect  the  corporation  tax,  delinquent  tax,  liquor  tax, 
and  collateral  inheritance  tax  to  be  adequate  to  meet  the 
annual  State  budget.  Then  all  of  the  taxes  collected  from 
realty  will  remain  in  the  counties  wherein  they  are  levied. 
This  will  remove  one  of  the  most  serious  objections  to  the 
general  property  tax,  for  the  smaller  the  tax  area,  the  easier 
the  problem  of  equalization.  But  this  isolation  of  the  mu- 
nicipality, as  a  separate  tax  entity,  has  not  checked  the  ten- 
dency toward  centralization,  for  the  State  Auditor  has  super- 
visory powers,  not  alone  over  the  various  special  taxes,  but 
over  the  general  property  tax,  and  the  new  uniform  audit- 
ing system  ^  places  him  at  once  at  the  head  of  municipal  tax 
administration. 

Every  step  in  the  disintegration  of  the  general  property 
tax  stands  out  clearly.  At  first  there  was  no  attempt  at 
valuation;  then  land  only  was  assessed,  and  finally  all  prop- 
erty was  levied  upon  according  to  its  money  value.  This 
proved  effective  only  for  such  property  as  could  be  found 
by  the  assessor.  As  intangible  property  increased  in  im- 
portance the  inequalities  resulting  from  the  law  became  more 
glaring.  The  powers  of  the  tax  officials  were  multiplied, 
but  they  failed  to  find  the  concealed  property. 

Before  abandoning  the  antiquated  method,  however,  one 
more  attempt  was  made  to  compel  individuals  to  place  their 
personal  property  upon  the  tax  lists,  and  a  system  of  rigorous 
tax  inquisition  was  inaugurated.  It  proved  futile  from  the 
first.  The  tax  on  corporations,  levied  in  various  forms, 
remains  the  only  successful  method  of  reaching  personal 
property  for  tax  purposes. 

^  Vid.  supra.,  p.  90. 


lOO  ADMINISTRATION  IN  OHIO  [470 

CENTRAL  CONTROL  OVER  LOCAL  FINANCE 

Besides  the  duties  of  State  officers,  as  shown  in  the  pre- 
ceding pages,  a  large  measure  of  central  control  has  arisen 
from  two  acts.  The  first  of  these  is  The  Independent  Treas- 
ury Act  of  1858/  Previous  to  this  time  the  State  moneys 
had  been  loaned  to  various  banks  or  been  deposited  in  the 
several  county  treasuries  of  the  State.  It  was  now  declared 
that  the  office  of  the  State  Treasurer  should  be  the  place  of 
deposit  for  all  the  State  moneys,  and  the  office  of  the  county 
treasurer  the  place  of  deposit  of  the  county  funds.  A  comp- 
troller of  the  treasury  was  appointed,  for  a  term  of  three 
years,  "  for  the  purpose  of  securing  a  more  full  and  perfect 
system  of  accountability  among  the  officers  of  the  fiscal 
department."  His  duty  was  practically  that  of  a  treasurer. 
He  collected  all  claims  of  the  State.  No  money  could  be 
paid  into  the  treasury  except  on  his  draft,  drawn  in  favor 
of  the  State  treasury,  on  the  person  making  the  payment, 
and  no  money  could  be  drawn  out  of  the  State  treasury 
except  on  the  warrant  of  the  Auditor  of  State,  drawn  upon 
the  treasurer  and  countersigned  by  the  comptroller.  Direct 
appropriations  by  the  Legislature  were  excepted  from  this 
clause.  The  comptroller  had  under  supervision  the  securi- 
ties deposited  in  the  treasury  by  the  banking  companies  of 
the  State  as  collateral  guaranty  for  the  redemption  of  their 
circulation.  He  received  and  destroyed  their  mutilated 
notes  and  issued  new  blank  notes  for  registration  and  cir- 
culation. 

The  auditor  and  comptroller  examined  the  treasury  quar- 
terly, and  reported  to  the  Governor,  the  Governor  in  turn 
being  empowered  to  appoint,  at  his  option,  an  accountant 
to  examine  the  books  of  the  treasurer,  auditor  and  comp- 
troller. The  provisions  regulating  the  manner  of  payments, 
vouchers,  keeping  of  books  and  similar  subjects  were  very 

'  55  o.  L.,  p.  44. 


471  ]  TAXATION  AND  LOCAL  FINANCE  jqi 

explicit.  The  immediate  cause  of  the  measure  was  an  em- 
bezzHng  treasurer.  The  partial  cause  of  its  repeal  in  1876  * 
was  an  embezzling  comptroller.  The  principal  reason,  how- 
ever, was  the  inutility  of  the  office.  It  made  very  cumber- 
some the  least  details  of  business  with  the  State,  and  led  to 
much  annoyance.  The  comptroller  became  practically  a 
duplicate  auditor.  The  Governor's  message  in  1863  stated 
that  "no  practical  good  results  from  maintaining  this  office." 
Auditors  continually  complained  that  the  machinery  of  State 
finance  was  too  complicated,  and  that  there  were  too  many 
officers.  The  office  of  comptroller  practically  degenerated 
into  that  of  State  House  Commissioner,  whose  duties  were 
transferred  to  the  comptroller  in  1871.^  His  reports  had 
dwindled  to  mere  summaries  of  the  auditor's  annual  state- 
ments, and  the  examination  of  the  treasury  was  purely 
perfunctory. 

Upon  the  abolition  of  the  office  the  auditor  became  "  the 
chief  accounting  officer  of  the  State,"  and  his  duties  were 
thus  defined :  "  He  shall  keep  in  his  office  full  and  accurate 
accounts  of  all  moneys,  bonds,  stocks,  securities  and  other 
property  and  effects  paid  into  or  deposited  in  the  State 
treasury,  and  of  all  moneys,  bonds,  stocks,  securities,  prop- 
erty and  effects  paid  out  of  or  drawn  and  transferred  from 
the  State  treasury,  and  manage  and  direct  all  negotiations 
and  correspondence  concerning  the  same."  He  is  to  keep 
accurate  account  of  all  appropriations  made  by  law,  and  of 
moneys  drawn  to  meet  the  same.  No  money  can  be  taken 
from  the  treasury  except  on  his  warrant.  His  books  should 
show  at  all  times  the  exact  status  of  the  treasury,  and  together 
with  the  treasurer,  with  whom  he  compares  statements 
weekly,  he  reports  quarterly  to  the  Governor.  The  extent 
to  which  this  has  transferred  to  the  auditor  the  control  of 
the  State's  finances  is  seen  from  the  fact  that  the  treasurer 

>  73  O.  L.,  p.   79.  '  68  O.  L.,  p.  loi. 


I02  ADMINISTRATION  IN  OHIO  [472 

has  practically  ceased  to  make  an  annual  report,  his  state- 
ment merely  including  the  totals  of  the  exhaustive  report 
required  of  the  auditor.^ 

The  Comptroller  of  the  Treasury  had  the  power  to  appoint 
accountants  to  examine  the  county  treasuries  at  his  pleasure. 
This  power  was,  however,  rarely  used.  When  the  office 
was  abolished  the  State  Auditor  was  given  the  power  to 
examine  the  county  treasuries  upon  complaint  being  made 
by  the  county  commissioners  or  county  auditor.  This  is 
in  practice  a  very  great  check  upon  the  local  treasuries,  and 
cases  of  such  examinations  are  frequent. 

THE  UNIFORM  AUDITING  SYSTEM 

By  far  the  greatest  step  taken  toward  centralized  admin- 
istration in  financial  matters,  and  one  of  the  most  marked 
instances  of  centralization  in  the  State's  history,  is  the  uni- 
form auditing  act  passed  by  the  last  General  Assembly.^ 

This  act  creates  a  bureau  of  inspection  and  supervision 
of  public  officers,  with  the  Auditor  of  State  ex  officio  at  its 
head.  The  auditor  appoints  not  over  three  deputies,  no 
more  than  two  of  them  to  belong  to  the  same  political  party, 
and  one  clerk.  The  deputies  receive  a  salary  of  $2,000  a 
year  and  their  necessary  expenses.  The  clerk  receives  $1,500 
a  year.  The  auditor  shall  "  formulate,  prescribe  and  install 
a  system  of  accounting  and  reporting  that  shall  be  uniform 
for  every  public  office  and  every  public  account  of  the  same 
class,"  and  shall  show  all  the  details  of  all  the  transactions 
consummated  in  the  office. 

Separate  accounts  are  to  be  kept  for  every  appropriation 

*Upon  the  State  Treasurer  were  laid  the  duties  of  State  Statistician  in  1872. 
He  is  also  at  the  head  of  the  State  board  of  elections,  and  the  compiling  of  statis- 
tics and  election  returns  are  his  principal  duties.  As  a  fiscal  officer,  his  position 
is  reduced  to  that  of  custodian  of  the  public  funds. 

»95  O.  Z.,  p.  511. 


473]  TAXATION  AND  LOCAL  FINANCE  103 

and  fund,  showing  in  detail  how  such  funds  were  used. 
Separate  accounts  are  also  to  be  kept  for  every  public  service 
industry,  "  which  shall  show  the  true  and  entire  cost,  the 
ownership  and  operation  thereof,  the  amount  collected  annu- 
ally by  general  or  special  taxation  for  services  rendered  to 
the  public,  and  the  amount  and  character  of  the  services 
rendered  therefor,  and  the  amount  collected  annually  from 
private  users,  if  any,  for  services  rendered  to  them,  and  the 
amount  and  character  of  services  rendered  therefor." 

Every  taxing  body  and  public  institution  of  the  State  is 
required  to  report  to  the  State  Auditor  such  accounts  and 
statistics  as  he  may  demand.  This  report  shall  contain  a 
full  statement  of  every  public  service  industry  owned  and 
operated  by  municipalities,  a  statement  of  the  debt  of  every 
taxing  body  showing  the  purpose  for  which  the  debt  was 
created  and  what  provisions  are  made  for  its  payment. 

"  It  shall  be  the  duty  of  every  public  officer  and  employee 
to  keep  all  accounts  of  his  office  in  the  form  prescribed,  and 
to  make  all  reports  required  by  the  Auditor  of  State." 

Every  collector  of  public  revenues  is  required  to  report 
once  every  day  to  the  depository  of  funds  in  his  city  or 
county. 

After  the  bureau  has  established  its  system  the  auditor 
shall  appoint  additional  assistants  to  administer  the  provi- 
sions of  the  act.  These  are  termed  State  examiners,  and 
receive  five  dollars  a  day  and  expenses. 

The  auditor,  deputy  inspectors  and  examiners  have  the 
power  "  to  examine  into  all  financial  affairs  of  every  public 
office  and  officer,  and  shall  make  such  an  examination  at 
least  once  every  year."  It  prescribed  that  this  examination 
shall  be  thorough,  and  the  examining  officers  have  the  power 
to  call  witnesses  and  administer  oaths.  Each  examination 
is  reported  forthwith  to  the  State  Auditor. 

The  expense  of  maintaining  and  operating  the  bureau  is 


104  ADMINISTRATION  IN  OHIO  [474 

levied  upon  the  counties  and  municipalities  in  proportion 
to  the  population.  The  Auditor  of  State  is  empowered  to 
levy  and  collect  each  corporation's  share. 

This  law  practically  centralizes  the  administration  of  State 
finances  in  the  State  Auditor,  and  gives  him  firm  control 
over  the  local  finances.  The  system  has  not  yet  been  per- 
fected, and  will  not  be  in  operation  until  1903. 

It  cannot  be  said  that  the  State  has  developed  a  fixed 
system  of  taxation  and  finance.  This  is  no  doubt  due  to  the 
great  economic  changes  that  have  taken  place  within  the 
century.  There  is,  however,  manifest  a  distinct  tendency 
toward  the  localization  of  the  realty  tax  and  the  centraliza- 
tion of  the  personalty  tax.  The  latter  takes  upon  itself  more 
and  more  the  form  of  a  tax  upon  corporations  rather  than 
upon  individuals.  Through  all  the  mutations  that  have 
resulted  from  the  State's  effort  to  establish  an  equitable  and 
stated  system  of  taxation  there  has  been  a  constant  and 
gradually  increasing  tendency  toward  centralization  in 
finance  administration  in  every  department  excepting  that 
of  equalization,  and  in  this  practically  no  change  has  been 
made  since  the  first  State  Board  of  Equalization  was  author- 
ized. The  county  auditor  has  developed  into  the  principal 
local  tax  administrator,  and  the  State  Auditor  has  evolved 
into  a  powerful  supervisor  of  the  State's  finances,  and  now 
oversees  the  financial  methods  of  every  county  and  town- 
ship, city  and  village  and  school  district  in  the  State.  He 
is  at  present  the  most  important  administrative  officer  in  the 
State. 


CHAPTER  III 
CHARITIES  AND  CORRECTIONS 

POOR  LAWS 

Under  the  territorial  regime  the  justices  of  the  peace 
nominated  to  the  Court  of  Quarter  Sessions  "  two  substan- 
tial inhabitants "  in  every  township  as  overseers  of  the 
poor.  These  overseers  nominated  their  own  successors. 
They  could,  with  the  consent  of  two  justices  of  the  peace 
of  the  county,  levy  an  assessment,  limited  by  law,  for  the 
support  of  the  poor;  could  contract  with  private  parties  for 
the  keeping  of  the  paupers ;  on  receiving  the  consent  of  two 
justices  of  the  peace  they  could  apprentice  the  poor  children, 
and  could  remove  any  persons  likely  to  become  a  public 
charge  who  had  not  yet  attained  legal  settlement. 

The  records  of  the  overseers  were  audited  annually  by 
three  men  selected  at  the  annual  township  meeting.  This 
committee  also  fixed  the  compensation  of  the  overseers. 
The  overseers  were  also  under  the  supervision  of  the  justices 
of  the  peace,  who  could  commit  them  to  jail  for  malfeas- 
ance.^ 

These  provisions  remained  in  force  until  1805,  when  the 
overseers  were  elected,  and  reported  all  needy  cases  to  the 
township  trustees,  upon  whose  warrants  alone  the  overseers 
could  grant  relief.  The  township  meeting  voted  the  neces- 
sary taxes.  ^ 

In  18 1 6  the  Governor  recommended  that  the  poor,  instead 

*  Laws  of  the  Northwest  Territory,  1796,  p.  107.  *  3  O.  L.,  p.  272. 

475]  105 


I06  ADMINISTRATION  IN  OHIO  [476 

of  being  a  township  charge,  become  a  county  charge,  and 
that  the  custom  of  farming  out  the  poor  be  abandoned,  each 
county  to  provide  a  poor  house/ 

Accordingly  it  was  provided  that  the  county  commis- 
sioners might  build  a  poor  house,  and  appoint  a  board  of 
seven  directors  to  have  the  supervision  of  it.^  As  the  mat- 
ter, however,  remained  optional  few  counties  responded, 
and  the  Governor  was  again  moved  to  suggest  a  revision 
in  1826.  The  township  system  produced  great  inequality. 
Litigations  were  numerous  concerning  the  settlement  of 
paupers,  and  the  settlement  laws  were  cruel,  allowing  non- 
resident poor  to  be  transported  out  of  the  State.' 

When  in  183 1  the  poor  laws  were  revised  *  the  people  of 
the  county  were  permitted  to  vote  a  tax  for  the  building  of  a 
poor  house.  In  counties  where  poor  houses  were  found  the 
township  system  was  abandoned.  A  board  of  three  directors 
of  the  poor  was  appointed  by  the  county  commissioners.'' 
These  had  charge  of  the  poor  houses;  could  bind  out  poor 
children,  and  could  grant  temporary  relief  to  non-resident 
paupers.  Township  trustees  could  order  the  directors  to 
admit  paupers,  and  were  required  to  give  warning  to  non- 
resident poor  to  leave  the  township.  If  such  warning  was 
not  heeded  within  one  year  they  could  be  transported  beyond 
the  State. 

In  counties  that  had  no  poor  house  the  township  system 
remained  as  before. 

In  1853  the  office  of  overseer  of  the  poor  was  abolished, 
and  the  township  trustees  were  given  their  duties. °  The 
Probate  Judge  was  empowered  to  appoint  three  trustees  for 
the  erecting  of  a  children's  home,  so  as  to  enable  the  sepa- 
ration of  the  poor  children  from  the  adult  paupers. 

'  Senate  Journal,  1816,  p.  17.  '14  a  Z,,  p.  79. 

»  Senate  Journal,  1826,  p.  12.  *29  O.  Z.,  p.  316. 

*  Since  1841,  the  directors  are  elected.    39  O.  Z.,  p.  26.        "51  O.  Z.,  p.  466. 


477]  CHARITIES  AND  CORRECTIONS  107 

The  first  step  toward  centralized  control  was  taken  in 
1857,  when  the  Court  of  Common  Pleas  in  each  county- 
having  an  infirmary  appointed  three  commissioners,  one  of 
whom  was  a  physician,  to  thoroughly  inspect  the  infirmary 
and  report  to  the  Governor/  A  commissioner  appointed 
by  the  Governor  examined  these  reports,  and  prepared  a 
bill  "  for  the  better  establishing,  regulating  and  managing 
of  infirmaries."  The  bill  was  never  reported  from  its  com- 
mittee. 

Numerous  revisions  of  the  poor  laws  have  made  no  sub- 
stantial changes  in  their  administration.  The  reforms  in- 
stituted have  been  confined  to  details  of  supervision,  the  laws 
prescribing  definite  rules  of  procedure.  These  will  be 
enumerated  in  the  discussion  of  the  Board  of  State  Charities. 

At  present  there  are  three  departments  of  local  poor  relief. 
I.  The  county  infirmary,  supervised  by  a  board  of  three 
directors  elected  for  a  term  of  three  years.  They  report 
annually  to  the  county  commissioners  and  to  the  county 
auditor.  They  have  complete  control  of  the  county  poor 
fund,  and  if  it  proves  insufficient  they  may  levy  an  additional 
tax  not  to  exceed  six-tenths  of  a  mill.  Their  duties  are 
carefully  detailed  by  the  law.^ 

2.  The  children's  home.  Fifty  of  the  eighty-eight  coun- 
ties have  established  these.  The  county  commissioners 
appoint  a  board  of  four  trustees,  not  more  than  two  to  belong 
to  the  same  political  party.  They  serve  without  pay  and 
have  charge  of  the  home.  The  law  prescribes  the  details  of 
their  duties.® 

3.  The  township  out-door  relief.  This  is  in  the  hands 
of  the  township  trustees  and  infirmary  directors,  and  is 
limited  by  law  to  only  such  cases  as  cannot  be  provided  for 
in  the  infirmary  or  children's  home. 

>  54  O.  Z.,  p.  217.  »93  O.  Z.,  p.  261.  »95  a  Z.,  p.  80. 


I08  ADMINISTRATION  IN  OHIO  [478 

In  several  cities  there  are  district  overseers  for  the  care 
of  the  poor. 

PENAL   AND  REFORMATORY    INSTITUTIONS 

County  Jails.  The  territorial  statutes  provided  for  the 
erection  of  jails  in  each  county  under  the  management  of 
the  sheriff,  and  if  they  were  insecurely  built  and  the  pris- 
oners escaped,  the  county  was  assessed  for  the  sum  for  which 
they  stood  committed.^ 

The  sheriff  remained  in  practical  control  until  1843,  when 
the  Court  of  Common  Pleas  established  rules  for  governing 
the  jails.^  These  regulations  covered  the  sanitary  condition 
of  the  jails,  the  classification  of  prisoners,  the  discipline  of 
prisoners,  the  providing  of  medical  and  legal  assistance,  and 
moral  instruction  for  the  inmates.  The  sheriff  remained 
in  charge  of  the  prison,  administering  the  rules  laid  down 
by  the  court.  He  reported  to  the  court  the  conduct  of  the 
prisoners,  to  the  county  auditor  and  commissioners  the  cost 
of  maintaining  the  jail  and  the  amount  of  his  fees,  and  to 
the  Secretary  of  State  such  statistical  information  as  would 
be  required.  He  likewise  appointed  the  jailor  and  provided 
food,  nursing  and  all  other  necessities  for  the  prisoners. 
The  county  commissioners  were  made  a  sort  of  financial 
board  to  pass  on  all  items  so  furnished,  and  to  supply  heat 
and  furnishings  for  the  jail.  The  most  important  section 
of  the  law  created  of  the  grand  jury  a  board  of  visitors, 
with  power  to  condemn  the  jails  and  order  improvements. 
The  authority  to  enforce  the  grand  jury's  findings  was  not 
granted  to  any  one,  and  except  for  its  moral  force  it  re- 
mained a  dead  letter. 

The  revision  of   1877  '   left  the  administration  of  jails 

•  Laws  of  Northwest  Territory,  1792,  p.  29. 

» 41  O.  Z.,  p.  74.  '  74  O.  Z.,  p.  365. 


479]  CHARITIES  AND  CORRECTIONS  loo 

practically  unchanged,  and  there  is  now  no  general  or  central 
authority  exercised. 

Workhouses.  There  are  eight  workhouses  in  the  State. 
Four  of  these  are  in  the  larger  cities,  and  may  properly  be 
called  municipal  institutions.  They  are  controlled  by  boards 
created  under  special  acts.  Four  are  more  properly  county 
institutions,  because  they  are  maintained  by  a  number  of 
counties  that  have  united  in  their  construction  and  mainte- 
nance.^ Their  management  and  control  are  vested  in  a 
board  of  directors,  consisting  of  two  persons  from  each 
county,  appointed  by  the  county  commissioners  of  the  dis- 
trict. Their  term  of  ofifice  is  six  years,  and  they  are  equally 
divided  between  the  two  predominant  political  parties. 
They  receive  only  their  expenses,  and  are  subject  to  the 
orders  of  the  county  commissioners.^ 

State  Penitentiary.  The  State  penitentiary  at  Columbus 
was  completed  in  1816.  It  has  been  the  subject  of  much 
legislation  and  frequent  investigation.  No  definite  policy 
for  its  control  or  the  betterment  of  its  inmates  has  been 
evolved.  Its  management  has  been  in  the  hands  of  a  board 
of  directors,  appointed  at  first  by  the  Legislature  and  later 
by  the  Governor  and  the  Senate.  Practically  the  only 
changes  in  administration  have  been  in  the  number  of  mem- 
bers of  this  board,  their  method  of  appointment,  and  the 
designation  of  the  subordinate  officers  they  may  appoint. 
These  changes  have  been  dictated  by  party  politics,  the 
penitentiary  being  a  fruitful  source  of  party  manipulation. 
Eleven  times  has  the  Legislature  changed  the  complexion  of 
this  board.  The  number  has  varied;  usually  there  have 
been  three,  five  or  six  members,  and  at  one  time  a  l^islative 
commission  of  three  nominated  three  directors,  two  of  whom 
were  to  be  residents  of  Columbus.     The  commission  had 

^  These  counties  form  "  workhouse  districts."  *  90  C7.  Z.,  p.  193. 


no  ADMINISTRATION  IN  OHIO  [480 

the  power  of  removing  their  nominees.^  Complete  changes 
were  made  in  the  management  in  1858,  i860,  1864,  1867, 
1877,  1878,  1886  and  1890.  Such  fluctuations  were  not 
productive  of  sterHng  administration.  Each  change  usually 
wrought  complete  alteration  in  the  prison  employees,  from 
the  warden  to  the  guards. 

Since  the  organization  of  the  Board  of  State  Charities 
there  has  been  a  decided  improvement  in  the  methods  of 
dealing  with  the  prisoners.     These  will  be  mentioned  later. 

The  only  supervisory  power  exercised  over  the  manage- 
ment of  the  penitentiary  is  the  auditing  of  the  accounts  by 
the  State  Auditor  and  the  power  of  the  Legislature  to  inves- 
tigate by  special  committee.     This  has  often  been  resorted  to. 

A  State  reformatory  was  begun  at  Mansfield  in  1883. 
Its  management  has  been  under  the  control  of  a  board  of 
directors,  their  number  fluctuating.  At  present  there  are 
six  members  on  this  board,  appointed  for  six  years,  and  they 
are  equally  divided  between  the  two  political  parties.  They 
receive  a  salary  of  five  hundred  dollars  a  year. 

Under  the  act  of  1856  ^  a  reform  school  for  boys  was 
established  at  Columbus.  Its  first  board  of  directors  was 
not  only  appointed  by  the  Governor,  but  all  the  rules  and 
regulations  that  it  formulated  were  made  subject  to  the 
Governor's  approval.  This  authority  was  taken  away  two 
years  later,  and  the  directors  have  since  then  been  subject 
only  to  the  supervisory  powers  of  the  Legislature. 

The  Girls'  Industrial  Home  was  authorized  in  1869,^  and 
was  established  at  Delaware  the  following  year.  It  is  gov- 
erned by  the  usual  board  of  directors,  appointed  by  the 
Governor  and  the  Senate.  There  is  also  a  board  of  visitors, 
composed  of  three  women  appointed  by  the  Governor,  who 
visit  the  home  every  three  months  and  report  under  seal  to 
the  president  of  the  board  of  trustees. 

1 55  O.  Z.,  p.  136.  » 53  O.  L.,  p.  66,  » 66  O.  L.,  p.  no. 


48l]  CHARITIES  AND  CORRECTIONS  m 

The  Governor  has  the  power  to  remove  inmates  from  the 
State  penitentiary  to  the  reformatory,  and  from  the  reform- 
atory to  the  Girls'  Industrial  Home  or  the  Boys'  Industrial 
Home,  also  to  remove  incorrigibles  from  the  industrial 
homes  to  the  reformatory. 

It  is  thus  evident  that  no  degree  of  centralized  control 
has  been  established  over  the  State  penal  institutions.  There 
is  neither  harmony  between  the  local  and  State  institutions, 
nor  among  the  various  State  institutions,  except  such  accord 
of  action  as  has  been  established  by  the  influence  of  the 
Board  of  State  Charities. 

State  Charities.  In  1821  the  "  Commercial  Hospital  and 
Lunatic  Asylum  of  Ohio  "  was  established  in  Cincinnati.  It 
was  intended  primarily  for  a  county  institution,  but  the  State 
from  the  first  has  contributed  toward  its  support.  The  name 
has  been  changed  several  times,  as  well  as  the  method  of 
appointing  its  trustees.  The  majority  are  now  provided  by 
the  city  council  and  county  commissioners.  This  institution 
never  supplied  room  for  many  of  the  State's  insane.  These 
were  confined  in  the  county  jails  until  1838,  when  provision 
was  made  for  an  asylum  for  curable  cases  only.^  This  hos- 
pital was  not  large  enough  to  admit  all  the  cases.  In  1844 
there  were  still  twenty-one  insane  persons  confined  in  the 
jails.  Here  the  accommodations  provided  were  utterly  in- 
adequate. After  the  establishment  of  county  infirmaries  it 
became  unlawful  to  confine  the  insane  in  the  jails,  the  county 
commissioners  providing  quarters  for  them  in  the  infirm- 
aries. The  State  has  never  provided  adequate  room  for  all 
its  insane.  In  1834,  before  the  establishment  of  the  first 
asylum,  there  were  one  thousand  insane  persons  in  the  State. 
In  1850  there  were  four  thousand,  and  provision  was  made 
for  only  four  hundred  of  them.^  In  1870  there  were  two 
thousand  insane  in  the  infirmaries.     It  was  not  until  the 

^  36  O.  Z.,  p.  51.  *  Executive  Documents,  1850,  vol.  i,  no.  i. 


112  ADMINISTRATION  IN  OHIO  [482 

Board  of  State  Charities  formulated  a  comprehensive  plan 
that  the  State  adopted  measures  for  caring  for  all  of  its 
insane. 

The  number  of  hospitals  for  the  insane  now  established  is 
seven.  Each  one  has  its  separate  board  of  trustees,  appointed 
by  the  Governor  and  Senate.  There  has  been  a  great  amount 
of  fluctuation  in  the  number  of  these  trustees,  in  the  require- 
ments as  to  their  places  of  residence  and  the  minutiae  of  the 
instructions  prescribed  by  law.  For  many  years  there  was 
not  even  uniformity  in  the  number  of  trustees  for  the  various 
hospitals,  but  since  1876  ^  the  number  has  been  uniform. 
The  State  is  now  divided  into  districts,  one  for  each  asylum, 
and  the  Governor  appoints  a  board  of  six  trustees  for  each 
hospital,  these  trustees  to  be  residents  of  the  district,  two 
of  them  of  the  county  in  which  the  hospital  is  located.  The 
laws  prescribe  in  great  detail  the  powers  of  the  boards,  the 
number  of  officers  they  may  employ,  the  maximum  salaries 
they  may  pay,  and  what  appointees  they  may  remove  without 
cause.  They  are  subject  to  the  reviewing  power  of  the 
Governor,  who  may  at  any  time  order  an  investigation  of 
any  of  the  State  charitable  institutions. 

The  State  has  also  established  a  Hospital  for  Epileptics 
and  one  for  Feeble-minded  Youth. 

Other  State  institutions  are  the  Institute  for  Deaf  and 
Dumb,  authorized  in  1827;^  the  Institute  for  the  Blind, 
established  in  1837;'  the  Soldiers'  and  Sailors'  Orphans' 
Home  in  1875,*  and  the  Soldiers'  and  Sailors'  Home  in 
1886.°  The  Governor  appoints,  with  the  consent  of  the 
Senate,  the  trustees  of  these  institutions.  They  report  annu- 
ally to  the  Governor,  and  are  subject  to  his  investigating 
power. 

» 73  o.  L.,  p.  80.  •  25  o.  L.,  p.  87.  •  35  o.  L.,  p.  1 16. 

•  72  O.  L.,  p.  163.  »  83  O.  L.,  p.  107. 


483]  CHARITIES  AND  CORRECTIONS  nj 

THE  BOARD  OF  STATE  CHARITIES 

Whatever  degree  of  centralization  has  been  attained  in 
the  administration  of  the  State  charities  has  been  due  to  the 
influence  of  the  Board  of  State  Charities.  Its  power  has 
been  confined  to  investigations  and  recommendations,  but 
it  has  exerted  a  powerful  moral  influence  over  the  institu- 
tions of  a  local  nature  as  well  as  those  of  the  State. 

Previous  to  1866  there  had  been  much  complaint  of  the 
loose  manner  in  which  the  benevolent  institutions  had  been 
maintained,  and  the  lack  of  one  supervising  authority.^  In 
that  year  Governor  Cox  recommended  that  a  State  Board 
of  Charities  be  organized,  modeled  after  that  of  Massachu- 
setts.^ The  board  was  created,  but  it  fell  far  short  of  its 
model  in  the  ix>wer  granted.  In  a  fit  of  legislative  economy 
the  board  was  abolished  in  1871,  but  was  recreated  in  1876. 
As  the  personnel  of  the  board  remained  substantially  un- 
changed, and  its  powers  practically  unmodified,  I  shall  treat 
the  history  of  its  work  as  though  this  break  of  five  yeai^ 
had  not  occurred. 

The  board  consists  of  six  members,  appointed  by  the  Gov- 
ernor and  the  Senate  for  a  term  of  three  years.  No  more 
than  three  are  to  belong  to  the  same  political  party.*  The 
Governor  is  ex  officio  president  of  the  board.  The  members 
receive  no  compensation,  but  their  expenses  are  paid  and 
they  may  hire  a  secretary,  who  receives  $i,20Q  a  year  and 
his  expenses. 

The  board  is  instructed  to  "  investigate  the  whole  system 
of  public  charities  and  correctional  institutions  of  the  State, 
examine  into  the  condition  and  management  thereof,  espe- 
cially of  prisons,  jails,  infirmaries,  public  hospitals  and  asy- 
lums, and  the  officers  in  charge  of  all  such  institutions  shall 

'  Vide,  Governor' t  Reports,  1850  and  1865. 

'  Executive  Documents^  1866,  vol.  i,  p.  272.  •  77,  O.  L.,  p.  227, 


114  ADMINISTRATION  IN  OHIO  [484 

furnish  to  the  board,  on  their  request,  such  information  and 
statistics  as  they  may  require,"  and  the  board  prescribes  the 
forms  for  such  reports. 

The  powers  of  the  board  are  circumscribed.  They  are 
practically  limited  to  investigations  of  State  and  local  insti- 
tutions, with  the  power  to  report  the  findings  to  the  Gov- 
ernor, to  approving  plans  for  local  and  State  penal  and 
charitable  institutions,  and  suggesting  legislation.  The 
efficiency  of  such  a  board  depends  largely  upon  its  personnel. 
In  this  the  Ohio  State  Board  has  been  most  fortunate,  and  it 
has  been  the  policy  to  reappoint  the  members.  Only  once,  in 
1890,  did  politics  interfere  with  the  efficiency  of  the  board. 
One  member  of  the  board  served  from  its  organization  in 
1867  until  1899,  when  he  resigned  because  of  ill  health. 
Another  member  served  twenty-one  years,  another  thirteen 
years,  another  eleven  years,  one  ten  years,  and  one  has  served 
five  years.  Three  of  the  latest  appointments  were  made  to 
fill  vacancies  due  to  the  death  of  members.  The  most  im- 
portant member  of  the  board  is  the  secretary,  for  upon  him 
devolves  the  work  of  visiting  the  county  institutions,  gather- 
ing statistics  and  preparing  the  annual  report.  The  first 
secretary  was  the  Rev.  A.  J.  Byers,  and  he  served  constantly 
until  his  death  in  1890,  when  his  son  was  elected  to  the  posi- 
tion. The  energy  of  these  secretaries  has  contributed  in  a 
particular  degree  to  the  good  work  of  the  board. 

The  board  first  addressed  itself  to  the  problem  of  securing 
efficiency  in  the  local  institutions  and  co-operation  between 
the  local  and  State  authorities.  The  secretary  of  the  board 
visited  in  person  every  city  jail,  infirmary  and  workhouse 
in  the  State. 

Apparently  no  attention  had  been  paid  to  the  condition  of 
the  county  jails  and  infirmaries,  for  the  first  reports  of  the 
board  reveal  conditions  too  loathsome  to  put  in  print.  The 
jails  were  miserably  built,  and  totally  unfit  for  the  keeping 
of  persons. 


^L^FORHlb* 


485]  CHARITIES  AND  CORRECTIONS  115 

"  Children,  youth,  the  young  man,  the  middle  aged,  the 
old,  all  at  first  simply  accused  of  crime,  and  more  or  less 
wrongfully  accused,  *  *  are  found  congregated  in  our 
jails.  And  to  perfect  the  wrong  they  are  crowded  often  in 
an  ill-ventilated,  dirty,  dark  prison,  where  the  whole  being, 
physical,  mental  and  moral,  is  soon  fitted  to  receive  all  un- 
cleanness  with  greediness."  ^  "  It  is  a  startling  and  terrible 
proposition,  sustained  by  this  report,  that  Ohio  is  to-day 
supporting  at  public  expense  as  base  seminaries  of  crime  as 
are  to  be  found  in  any  civilized  community."  ^  Often  there 
was  but  one  cell,  and  no  provision  for  separating  the  sexes.' 
Many  of  the  jails  had  been  repeatedly  condemned  as  unfit 
by  grand  juries,  but  the  public  refused  to  vote  funds  for  new 
buildings,  and  the  condemnation  was  made  void.  There 
was  no  classification  of  prisoners,  the  rules  made  by  the 
Common  Pleas  Court  never  being  carried  out.  Nor  were 
registers  kept  of  the  criminals  nor  adequate  discipline  en- 
forced. Witnesses  were  detained  in  the  jails  and  often 
locked  up  with  the  prisoners.  City  prisons  were  no  excep- 
tion to  the  rule. 

The  exposing  of  these  evils  had  an  immediate  effect. 
Definite  remedial  legislation  was  not  attempted  until  1881, 
in  spite  of  the  annual  protests  of  the  board.  In  that  year  a 
county  board  of  visitors  was  created,  to  consist  of  five  per- 
sons named  by  the  Judge  of  the  Common  Pleas  Court,  three 
of  whom  were  to  be  women,*  They  inspect  all  charitable 
and  correctional  institutions  of  the  county,  and  it  is  their 
"  duty  to  keep  themselves  fully  advised  of  the  condition  and 
management  of  all  such  institutions,  especially  the  infirmary, 
county  jail,  municipal  prisons  and  children's  home."     These 

*  II.  Report  Board  of  State  C  arities,  p.  20.  *  Jbid. 

'  "  A  young  woman  once  confined  for  any  cause  in  our  county  jail  is  well  nigh 
consigned  to  go  from  bad  to  worse."     Jbid. 

*  79  0.  L.,  p.  107. 


Il6  ADMINISTRATION  IN  OHIO  [486 

institutions  they  shall  visit  once  every  three  months,  and  file 
a  report  of  their  work  and  recommendations  with  the  county 
clerk  and  the  Board  of  State  Charities.  The  law  was  merely 
permissive,  and  only  the  vigilance  of  the  State  Board  saved 
it  from  being  a  nullity/ 

Public  sentiment  has  been  so  well  directed,  through  the 
various  agencies  established  by  the  board,  that  at  present 
nearly  all  of  the  counties  have  modern  jails,  and  even  the 
poorer  class  of  prisons  are  humanely  kept.^ 

Because  of  the  greater  number  and  the  miscellaneous 
character  of  inmates,  and  the  utter  carelessness  and  often 
heartlessness  of  the  superintendents,  the  county  infirmaries 
were  in  a  much  more  deplorable  condition  than  the  jails. 
Tlie  details  described  by  the  secretary  of  the  board  as  pre^ 
vailing  in  the  majority  of  these  institutions  are  so  revolting 
that  one  can  scarcely  believe  that  such  conditions  could  exist 
without  arousing  an  indignant  public  conscience.'  The 
neglect  of  the  superintendent  was  partly  due  to  the  lack  of 
oversight  exercised  by  the  county  and  State,  and  partly  to 
the  fact  that  the  office  was  used  for  political  purposes,  al- 
though it  was  looked  upon  with  contempt  "  by  even  the 
better  class  of  politicians ;"  "  men  notoriously  lazy  in  habits, 
selfish  in  nature,  socially,  intellectually  and  morally  unfit, 
are  now  occupying  these  positions,  not  only  to  the  detriment 
of  the  institutions  over  which  they  exercise  superintendency, 
but  to  the  degradation  of  the  office."  *  There  have  been 
constant  recommendations  for  taking  the  institutions  out  of 
politics.     No  change  has  been  made.     The  infirmary  di- 

*  Thirty  of  these  local  boards  were  established  the  year  after  the  passage  of  the 
act.  In  1883  there  were  6fty;  by  1892,  seventy-two  counties  had  responded,  and 
since  1893  every  county  has  such  a  board. 

*  "  A  dirty  and  badly  kept  jail  is  now  the  exception  instead  of  the  rule."  Jte- 
port,  1880. 

■  Vide,  Especially  the  first  five  reports  of  the  Board.    *  III.  Report  State  Board, 


487]  CHARITIES  AND  CORRECTIONS  Ji^ 

rectors  are  elected,  and  they  appoint  the  superintendent. 
They  report  to  the  county  commissioners  every  six  months 
and  inspect  the  infirmary  every  month.  "  We  do  not  expect 
any  further  improvement  in  our  county  infirmaries  until  the 
present  system  of  their  administration  is  radically  changed."  * 
However,  there  has  been  a  complete  change  in  the  attitude 
of  the  directors,  responding  to  an  alert  public  opinion.  The 
newer  buildings  are  well  planned  and  the  management  is 
humane,^  the  people  having  thoroughly  reformed  the  abused 
that  then  existed  on  their  attention  being  called  to  them  by 
the  disclosures  made  in  the  reports  of  the  secretary  of  the 
board.' 

The  other  causes  of  the  early  misery  are  more  neart^ 
remedied.  They  are  the  housing  of  the  insane  and  of  infants 
in  the  infirmaries  with  the  county  paupers. 

The  first  reports  describe  the  treatment  of  the  insane  as 
"  simply  brutal,"  and  their  condition  as  "  sickening  in  its 
detail  of  filth,  neglect,  immorality  and  unthriftiness." 

In  1869  there  were  7,401  inmates  in  the  infirmaries,  and 
of  these  12.5  per  cent.,  or  1,131,  were  insane,  4.8  per  cent, 
were  epileptic  and  4.6  per  cent,  idiotic,  and  12.9  per  cent, 
were  children.  Most  of  the  institutions  had  absolutely  no 
means  of  separating  the  insane  from  the  sane,  excepting  a 
few  miserable  sheds  or  outbuildings,  where  the  more  violent 
cases  were  confined.  Nor  was  there  in  many  cases  provi- 
sion for  separating  the  sexes  of  the  insane.  The  county's 
unfortunates  were  simply  given  over  to  an  inhumanity  that 
was  worse  than  neglect. 

The  census  of  1870  showed  the  number  of  insane  in  th6 
State  as  3,414.     In  the  State  asylums  there  was  room  for 

^Executive  Documents,  1885,  i,  p.  117. 

*  "The  infirmaries  almost  without  exception'have  been  improved  in  the  past  ten 
years.  Some  of  the  best  are  now  found  in  counties  which  then  had  the  worst." 
Ibid.  *  Report,  1880,  p.  20. 


Il8  ADMINISTRATION  IN  OHIO  [488 

only  1,346.  The  rest  were  in  county  infirmaries  and  private 
institutions.  Under  pressure  of  the  State  Board,  reinforced 
by  the  recommendations  of  the  Governor,  other  asylums  for 
the  insane  have  been  built.  The  board  has  prepared  a  plan 
which  contemplates  the  care  of  all  the  State's  insane  wards 
in  proper  hospitals.  The  cottage  system  has  been  adopted, 
and  this  allows  of  great  elasticity  in  the  number  of  inmates 
accommodated.  It  was  thought  that  by  1900  room  would 
have  been  provided  for  the  removal  of  all  insane  from  the 
infirmaries.  But  construction  on  the  new  hospital  was  de- 
layed, and  the  time  limit  was  extended  to  1903,^  after  which 
date  it  will  be  unlawful  to  house  insane  persons  in  the  in- 
firmaries. The  insane  confined  in  private  hospitals  are  not 
under  State  surveillance. 

In  1866  it  was  left  optional  with  the  counties  to  establish 
children's  homes.  These  were  open  "  to  all  persons  resi- 
dent of  the  county  where  such  home  is  located,  under  sixteen 
years  of  age,  and  such  other  persons  under  such  age  from 
such  other  counties  in  this  State  where  no  home  is  located, 
as  the  trustees  of  the  children's  home  and  the  party  or  par- 
ties bringing  them  in  custody  may  agree  upon."  ^  By  1880 
eleven  had  been  built.  This  number  was  increased  to 
twenty-five  in  four  years,  and  at  present  there  are  fifty.  In 
1880  there  were  1,978  children  in  the  infirmaries,  by  1892 
the  number  dwindled  to  one  hundred  and  fifty,  and  at  present 
there  are  none. 

Since  1886  '  it  has  been  unlawful  to  place  any  child  in  an 
infirmary  who  is  admissible  to  a  children's  home  or  other 
charitable  institution,  no  child  over  one  year  of  age  being 
allowed  in  the  infirmaries,  and  if  there  is  no  home  in  the 
county,  the  infirmary  directors  are  to  place  the  little  ones  in 
suitable  families  by  indenture  or  adoption.     If  this  is  not 

*  94  O.  L.,  p.  166.    See  also  table  of  statistics  at  the  end  of  this  chapter. 
«  63  O.  L.,  p.  45.  •  83  O.  L.,  p.  196. 


489]  CHARITIES  AND  CORRECTIONS  ng 

possible,  they  shall  be  maintained  at  the  expense  of  the 
county  in  the  nearest  children's  home  at  which  they  can  be 
received,  or  in  some  other  proper  charitable  institution, 
"  which  may  have  the  approval  of  the  Board  of  State  Chari- 
ties." The  law  carefully  details  the  treatment  of  these  chil- 
dren, and  defines  who  are  eligible  to  the  homes.  The  county 
board  of  visitors  is  given  power  to  investigate  all  cases,  and 
recommend  any  officer  of  the  home  for  dismissal.  The 
board  of  visitors  also  supervises  the  children  that  are  bound 
to  private  families  by  indenture,  recommending  the  termi- 
nation of  the  contract  in  all  cases  where  abuse  is  apparent. 

In  the  management  of  the  State  institutions  no  such 
flagrant  violations  of  decency  were  found.  They  were 
open  to  public  scrutiny. 

The  penitentiary,  however,  has  not  shared  in  the  general 
progress  made  by  the  other  institutions.  Its  management 
has  changed  too  often.  In  the  thirty-five  years  preceding 
1869  there  had  been  fourteen  wardens,  giving  each  one  a 
term  of  less  than  three  years.  Since  that  date  changes  have 
been  scarcely  less  frequent.  In  1822  the  penitentiary  was 
put  in  charge  of  a  keeper,  appointed  by  the  Legislature. 
He  reported  annually  to  the  Legislature,  and  was  quite  inde- 
pendent of  the  board  of  managers.  The  penitentiary  was 
practically  neglected  by  the  Legislature.  The  walls  were 
allowed  to  fall  to  ruin,  and  it  became  easy  for  prisoners  to 
escape,  in  some  years  quite  as  many  leaving  the  prison  by 
that  method  as  by  regular  discharge.^  There  was  lack  of 
discipline.  A  fire  destroyed  a  portion  of  the  buildings  in 
1830,  but  no  adequate  repairs  were  started  until  three  years 
later.  In  1828  the  Governor  reported  that  because  there 
was  no  room  for  all  the  prisoners  he  was  compelled  to  par- 
don many.^  In  1834  a  new  prison  was  erected,  and  new 
regulations  produced  somewhat  better  results. 

^Report  of  Keeper,  1828,  p.  160.  '  Senate  Journal,  1828,  p.  15. 


t20  AtyMlNISTRATION  IN  OHIO  [490 

"  For  eighty  years  the  Ohio  Penitentiary  has  been  the 
only  prison  in  the  State  for  high  grade  criminals.  The  first 
year  of  its  history  closed  November  15,  181 5,  with  seven 
prisoners.  The  last  closed  November  15,  1894,  with  two 
thousand  and  twenty- four  prisoners.  During  all  these 
years,  so  far  as  shown  by  annual  reports,  the  general  prin- 
ciples adhered  to  in  the  management  of  the  prison  have 
remained  unchanged."  ^  In  1884  a  special  commissioner, 
Jlppointed  by  the  Governor  to  investigate  the  condition  of 
the  penitentiary  rq)orted  "  that  financial  results  rather  than 
reformation  of  the  prisoners  always  was,  and  still  is,  the 
dominating  idea  of  the  prison." 

As  late  as  1884  public  hangings  were  conducted,  the 
parole  system  was  unknown,  and  physical  torture  still  pre- 
vailed. The  system  of  prison  labor  was  antiquated;  crim- 
inal insane  were  confined  in  the  penitentiary.  The  admin- 
istration of  the  prison's  affairs  was  strictly  partisan.  Even 
prison  labor  was  suspended  for  a  time  in  response  to  a 
demagogic  demand  for  a  cessation  of  "  competition  be- 
tween convict  labor  and  free  labor."  ^  The  persistent 
efforts  of  the  Board  of  State  Charities  have  been  successful, 
for  since  1886  many  reforms  have  been  instituted.  Among 
them  are  the  substitution  of  the  solitary  cell  for  the  ancient 
forms  of  corporal  punishment,  the  institution  of  the  Ber- 
tillon  system,  the  abolition  of  the  lock  step,  the  enlargement 
of  prison  labor,  the  introduction  of  parole  and  the  indeter- 
rhinate  sentence,  electrocution,  night  schools. 

The  board  has  continually  opposed  the  enlargement  of  the 
penitentiary,  and  recommended  the  erection  of  intermediate 
prisons.  The  establishment  of  workhouses  and  the  State 
reformatory  was  directly  due  to  these  constantly  reiterated 
suggestions.' 

>  igth  Report  Board  of  State  Charities. 

•81  O.  L.,  p,  72.  •  See  Executive  Documents,  1877,  vol.  iii,  p.  293. 


49l]  CHARITIES  AND  CORRECTIONS  121 

So  also  have  they  materialized,  through  constant  agita- 
tion, their  suggestion  for  a  State  Home  for  Epileptics,^  the 
Asylum  for  Feeble-minded,  and  the  Home  for  Aged  and 
Infirm  Deaf  and  Dumb  Persons.  To  this  latter  institution 
they  have  the  power  to  remove  such  persons  as  they  deem 
necessary.^ 

In  general  matters  the  board  has  gradually  assumed  mor6 
and  more  central  control.  Out-door  relief  had  become  a 
burden  under  a  system  which  placed  the  poor  fund  in  the 
hands  of  the  township  trustees,  and  if  they  failed  to  provide 
for  the  poor,  the  county  infirmary  directors  were  authorized 
to  do  so.  Thus  the  pauper  retained  his  residence  in  the 
township,  and  was  provided  for  at  the  expense  of  the  whole 
county.  This  removed  the  vigilance  of  the  local  tax-payers. 
Each  township  struggled  to  get  its  quota  of  the  county  poor 
funds.  It  practically  meant  that  the  township  officers  found 
the  paupers  and  the  county  paid  for  their  support.  "  In 
many  counties  the  expenses  incurred  by  infirmary  directors 
for  out-door  relief  are  more  than  the  expenses  incurred  by 
them  for  paupers  in  the  infirmaries,  and  to  a  great  extent 
the  effect  of  this  system  is  to  pauperize  those  who  receive  it 
and  those  who  can  hope  to  get  it,  when  with  manly  inde- 
pendence they  could  support  themselves."  ' 

The  board  succeeded  in  bringing  about  the  united  action 
of  nearly  all  the  infirmary  directors  of  the  State  to  ask  for 
the  abolition  of  this  system.  This  was  done  in  1897.*  No 
person  is  now  entitled  to  out-door  relief  who  can  be  pro- 
vided for  in  the  county  infirmary,  and  the  poor  fund  is  under 
the  direct  control  of  the  infirmary  directors,  and  they  are 
responsible  for  its  administration.  The  law  effected  an 
immediate  saving  of  $250,000  a  year."^ 

*  Exec.  Doc,  1878,  vol.  i,  p.  533.  *  This  home  is  not  yet  completed. 

*  igiA  Report  State  Bd.  of  Charities,  p.  75.  '93  O.  L.,  p.  265. 
^  ijth  Report  Sd.  0/ State  Charities,  p.  168-9. 


122  ADMINISTRATION  IN  OHIO  [492 

One  of  the  evil  results  of  the  system  of  irresponsible  man- 
agement was  the  erection  of  wholly  unsafe  and  poorly 
adapted  buildings  for  county  and  State  institutions.  Fire 
destroyed  the  Northern  Insane  Asylum  in  1872  and  the 
Institution  for  Feeble-minded  Youth  in  1880,  and  a  number 
of  the  inmates  were  burned  to  death.  Most  of  the  county 
jails  and  infirmaries  were  mere  fire  traps.  Fire-proofing 
was  universally  discarded.  In  1864  the  building  of  the 
Deaf  and  Dumb  Asylum  had  become  so  dilapidated  through 
neglect  that  a  new  building  had  to  be  provided. 

In  1870  the  board  published  plans  for  a  county  infirmary, 
hoping  that  the  county  commissioners  would  profit  by  it, 
but  no  attention  was  paid  to  these  plans.  Later  the  county 
authorities  were  made  to  submit  such  plans  to  the  board  for 
"  suggestion  and  criticism,"  ^  and  this  did  not  insure  proper 
buildings.  In  1896  the  board  was  given  the  power  to  reject 
or  amend  the  plans  of  all  penal  and  charitable  State,  county 
or  municipal  institutions.^  It  is  now  customary  for  the 
authorities  to  consult  the  board  before  provisional  plans  are 
made.  Plans  for  State  institutions  are  practically  designed 
by  the  board. 

The  result  is  seen  in  comparing  the  buildings  of  recent 
years  with  those  of  the  earlier  period.  The  state  asylums 
and  penal  institutions  especially  reveal  the  wisdom  of  this 
provision.  The  cottage  system  has  been  adopted  for  the 
new  asylums  and  the  reformatories.  This  allows  a  proper 
expansion  to  meet  the  growing  needs  of  the  State  without 
incurring  the  inconveniences  and  dangers  accompanying 
the  overcrowding  of  such  institutions. 

There  is  no  State  control  over  local  charities,  but  the 
board  has  encouraged  the  organization  of  associated  chari- 
ties and  the  co-operation  of  the  local  poor  authorities  with 
such  boards.     County  and  city  officials  may  now  accept  the 

1 77  0.  z.,  p.  227-8.  »93  o.  Z.,p.  105. 


493]  CHARITIES  AND  CORRECTIONS  123 

results  of  investigations  made  by  associated  charities  or  other 
local  charitable  societies  and  grant  relief  thereon.  The 
board  has  thus  created  a  voluntary  co-operation  between 
private  charitable  organizations  and  the  local  authorities. 
This  is  particularly  true  of  the  cities,  where  much  economy 
and  efficiency  have  resulted  from  the  united  efforts  of  the 
private  and  public  charitable  agencies. 

The  voluntary  co-operation  of  State  and  local  authorities 
has  been  secured  through  various  agencies.  The  thorough 
annual  reports ;  the  monthly  "  Ohio  Bulletin  of  Charities 
and  Corrections,"  published  by  the  secretary  of  the  board; 
a  constant  correspondence  maintained  between  the  board 
and  the  local  authorities;  annual  conventions  of  all  the  offi- 
cers of  local  and  State  institutions,  and  the  encouragement 
of  attendance  of  national  bodies,  such  as  the  Prison  Confer- 
ence and  the  National  Conference  of  Charities  and  Correc- 
tions, these  are  some  of  the  means  that  the  board  has  em- 
ployed, in  the  absence  of  legal  authority,  to  perfect  a  harmony 
of  action  between  the  local  and  the  State  institutions. 

But  there  has  been  a  constant  increase  in  the  legal  powers 
of  the  board.  It  has  several  times  been  recognized  by  the 
Legislature  as  the  proper  body  for  framing  laws  for  the 
regulation  or  establishment  of  State  institutions  under  its 
surveillance,  as  when  in  1877  ^^  framed  the  law  by  legis- 
lative request  for  establishing  workhouses.^  In  1880  ^  the 
board  was  reorganized  and  its  powers  enlarged,  making  it 
necessary  that  all  plans  for  jails,  infirmaries  and  children's 
homes  be  submitted  to  them  for  "  criticism  and  suggestion," 
and  the  Governor  was  given  power  to  order  an  investigation 
at  any  time  by  the  board  of  any  State  charitable  or  penal 
institution,  they  to  have  the  usual  power  of  sending  for  and 
examining  witnesses.  A  number  of  searching  examinations 
have  been  held  under  this  provision.     It  was  also  made  the 

*  Executive  Documents,  1877,  vol.  iii,  p.  293.  *  77  O.  L.,  p.  227. 


124  ADMINISTRATION  IN  OHIO  [494 

privilege  of  private  citizens  and  officers  to  make  complaint 
to  the  board  of  any  mismanagement  known  to  them.  This 
has  Hkewise  led  to  a  number  of  investigations,  A  subse- 
quent amendment  in  1895  §^ve  the  board  the  power  to 
"  approve  "  plans  for  jails,  infirmaries  and  workhouses.^ 

The  importance  of  the  Board  is  reflected  in  the  poor  laws 
of  the  State.  These  were  codified  in  1896,  and  no  amend- 
ments were  found  to  have  been  made  except  such  as  had 
been  recommended  directly  by  the  board. 

The  Governor  usually  seconds  the  requests  of  the  board 
in  his  annual  message. 

While  the  board  has  thus  wrought  many  beneficent  changes 
in  the  local  institutions  and  produced  a  certain  degree  of 
centralization,  it  has  not  been  so  successful  in  instituting 
harmony  of  action  between  the  State  institutions.  These 
remain  quite  as  decentralized  as  formerly,  although  there 
are  several  slight  tendencies  toward  centralization  manifest 
even  here. 

The  first  is  seen  in  the  attempt  of  the  board  to  wrest  the 
State  institutions  from  political  control.  I  have  several 
times  alluded  to  the  change  in  the  administration  of  the 
State  Penitentiary.  Other  institutions  have  undergone  many 
isuch  fluctuations,  but  as  there  was  less  opportunity  for  job- 
bery, and  as  the  nature  of  the  institutions  did  not  admit  of 
such  flagrant  violations  of  the  principle  of  steady  manage- 
ment, the  internal  changes  were  not  as  frequent  as  the 
changes  in  the  governing  boards. 

Again  and  again  have  both  the  Governor  in  his  annual 
messages  and  the  board  in  its  annual  reports  urged  the  Leg- 
islature to  take  radical  action  in  the  matter.  There  has  been 
some  approach  to  uniformity  since  1895.  Nearly  all  the 
boards  governing  State  institutions  now  consist  of  six  mem- 
bers, appointed  by  the  Governor  and  the  Senate;  they  are 
>  93  o.  L.,  p.  105. 


495]  CHARITIES  AND  CORRECTIONS  125 

equally  divided  between  the  leading-  political  parties,  and 
the  Governor  is  ex  oificio  chairman  of  each  board.  The 
term  of  office  is  six  years,  and  there  is  usually  no  salary. 

In  1896  provision  was  made  for  an  interchange  of  the 
commodities  of  the  various  institutions.  The  products 
manufactured  in  the  asylums  and  those  grown  on  the  vari- 
ous farms  of  the  industrial  schools  were  by  this  measure  to 
be  used  to  supply  the  needs  of  a  number  of  the  State  insti- 
tutions. This  law  has  not  received  the  sanction  of  the  State 
Board,  nor  has  it  ever  been  put  into  successful  operation. 

The  board  has  organized  the  Conference  of  the  Boards  of 
Ohio  Hospitals,  which  meets  at  stated  intervals,  and  forms  a 
means  of  voluntary  co-ordination  between  the  several  State 
institutions.  At  its  meetings  plans  of  administration  and 
technical  matters  are  discussed.  Many  modifications  sug- 
gested by  these  discussions  have  been  adopted  by  the  various 
institutions. 

Two  facts  deserve  special  emphasis  in  this  review  of  the 
State  charities  and  corrections.  The  first  is  the  moral  influ- 
ence of  a  well  organized  and  earnest  board  with  only  inferior 
legal  powers.  A  summary  of  the  principal  achievements  of 
the  board  would  include : 

1.  The  grading  of  the  prison  system,  including  the  reform 
schools  for  juveniles,  the  State  reformatory,  the  workhouses, 
and  the  enacting  of  the  indeterminate  sentence  law,  parole 
law  and  habitual  criminals  law;  the  creation  of  an  Advi- 
sory Board  of  Pardons,  to  recommend  cases  to  the  Gover- 
nor's clemency,  and  the  purging  of  the  county  and  city  jails. 

2.  The  removal  of  children  from  county  infirmaries  and 
the  establishing  of  children's  homes. 

3.  The  removal  of  the  insane  from  the  infirmaries  and  the 
building  of  four  State  insane  asylums. 

4.  The  building  of  an  asylum  for  epileptics. 


126  ADMINISTRATION  IN  OHIO  [496 

5.  The  building  of  an  asylum  for  adult  idiots. 

6.  The  establishment  of  boards  of  county  visitors. 

7.  The  inauguration  of  the  State  Conference  of  Charities 
and  Corrections,  this  being  a  potent  co-ordinating  force 
between  State  and  local  institutions. 

8.  The  establishment  of  the  Conference  of  the  Boards  of 
Ohio  Hospitals,  a  co-ordinating  factor  between  the  various 
State  institutions. 

9.  Creation  of  a  public  conscience  on  all  matters  relating 
to  local  and  State  charitable  and  penal  matters.  The  board 
recognized  from  the  first  that  its  greatest  work  would  be  in 
the  making  of  this  public  sentiment.  In  the  second  report 
it  declared  that  "  the  only  safeguard  against  the  continu- 
ance and  recurrence  of  these  abuses  is  the  constant  super- 
vision of  all  public  institutions  by  the  State  through  her 
authorized  agents."  "  Let  it  be  understood  that  all  public 
institutions  are  liable  to  visitation  and  examination  at  the 
most  unexpected  times,  and  that  abuses  will  be  unsparingly 
exposed,  and  how  soon  the  evils  now  existing  will  dis- 
appear." And  in  the  twenty-fifth  report :  "  It  has  been  the 
constant  aim  to  educate  the  public  mind,  and  to  enforce 
reforms  only  when  the  people  of  the  State  have  themselves 
seen  reasons  therefor."  The  actual  influence  of  the  board 
through  extra  legal  methods,  largely  the  personal  ability 
and  application  of  the  members,  has  been  rapid  in  its  devel- 
opment.    The  public  tesponse  was  immediate  and  effectual. 

The  second  fact  is  the  slow  yet  constant  tendency  of  the 
Legislature  to  yield  to  the  influence  of  the  board.  In  recent 
years  this  has  grown  more  apparent.  However,  the  L^is- 
lature  still  maintains  an  unyielding  attitude  toward  many 
very  important  suggestions  that  have  annually  and  patiently 
been  reiterated  by  the  board  for  twenty-six  years.  Some 
of  these  should  soon  be  crystalized  into  law.  Such  influ- 
ence as  the  Legislature  has  allowed  the  board  to  exercise 
over  legislation  has  been  productive  only  of  good  results. 


497] 


CHARITIES  AND  CORRECTIONS 


127 


The  legal  power  of  the  board,  as  shown  above,  has  been 
slightly  increased.  The  drift  toward  centralization  is  evi- 
dent, though  the  current  moves  very  sluggishly.  The  bene- 
ficial results  attained  are  manifest. 

I  will  add  that  the  Legislature  has  consistently  refused 
to  be  liberal  with  the  board.  The  meagre  appropriations 
have  hardly  covered  necessary  expenses.  The  work  of  the 
board  is  not  easy.  In  order  to  visit  all  of  the  State  institu- 
tions monthly,  as  the  statute  prescribes,  the  board  is  divided 
into  committees,  each  committee  taking  charge  of  a  given 
group  of  institutions.  The  niggardly  salary  of  twelve  hun- 
dred dollars  paid  to  the  secretary  is  utterly  incommensurate 
with  the  work  he  has  to  do.^  The  Legislature  has  shown 
a  disposition  to  ignore  the  constant  requests  of  the  board 
and  of  the  Governor  for  an  increase  in  the  appropriations. 
The  sum  appears  the  more  unjust  by  comparison  with  ap- 
propriations made  for  other  departments  and  the  fees  re- 
ceived by  other  officers.  The  State  inspector  of  oils,  e.  g., 
receives  ten  thousand  dollars  a  year,  and  many  other  State 
officers  receive  four  thousand  dollars  a  year. 

Table  Showing  the  Amount  of  Poor  Relief,  Both  in  Infirmaries  and 
OuT-DOOR  Relief.* 


Year. 

Inmates 
in  Infirmaries. 

Cost  of   Keeping 
Infirmaries. 

Number  Receiving 
Out-door  Relief. 

Cost  of  Out- 
door Relief. 

1875 

1880 

1885 

1890 

1895 

i898» 

1900 

5.879 

7-363 

14,918 

» 2,293 

14.310 
16,281 

15.346 

$547,197  00 
505,429  00 
620,058  16 
640,811  67 
731,776  68 
836,648  53 
886,091  63 

4.300 
30,689 
22,268 
31.613 
43.521 
22,757 
12,597 

$2^1,269  00 
381,165  10 
40»,858  76 
451,748  69 
228,728  5a 
236,242  OI 

*New  law  abolishing  out-door  relief. 

*  Exectdive  Documents,  1890, 1,  p.  480. 

*  Compiled  from  reports  of  the   Secretarj  of  State  and  the  Board  of  State 
Charities. 


128  ADMINISTRATION  IN  OHIO  [498 

Table  Showing  Condition  of  State  Charities  and  Corrections,  1900.* 


Name  of  Institution. 


Location. 


Athens  State  Hospital  for  Insane.  Athens 
Cleveland         "  "        "        I  Cleveland 

Columbus         "  "        "        j  Columbus 

Dayton  "  "        "        1  Dayton 

Longview  Hospital  "  "  Carthage 
Massillon  State  Hosp.  "  "  Massillon 
Toledo  "  "        "         Toledo 

Ohio  Hospital  for  Epileptics Gallipolis 

Institution  forFeeble-mindedYouth  Columbus 
"         for  Deaf  and  Dumb.  • .  Columbus 

"         for  Blind Columbus 

Soldiers'  &  Sailors'  Orphans'  Home  Xenia 

Soldiers'  and  Sailors'  Home Sandusky 

Boys'  Industrial  School Lancaster 

Girls'  Industrial  Home Delaware 

Ohio  Penitentiary Columbus 

Ohio  State  Reformatory   Mansfield 


Total  State  Institutions. 


Number 
Inmates. 


1.257 
1,466 

1,925 
1,071 

1,369 

907 

1,891 

1,164 

1,168 

570 

389 

988 

2,056 

1,267 

392 

2,789 

492 

21,162 


Current 
Expenses. 


<!  1 23,427  45 
198,652  70 
216,960  86 
133,141  33 
159,554  67 
106,290  61 

219.335  14 
163,431  22 
177,982  18 
108,126  19 

72,789  84 
161,973  44 
183,790  69 
1x0,870  98 

39.789  03 
373,893  09 
134,049  43 


Per  capita 
Cost. 


2,684,067  85 


5129  89 
165  56 

15837 
162  39 

144  52 
180  53 

»52  53 
177  07 

167  75 
221  57 
224  69 
169  58 

151  »S 
136  71 
125  91 
16387 
425  55 


Table  Showing  the  Work  of  the  Municipal  Correctional 
Institutions,  1900. 


Municipal  Institutioni^. 


Workhouie. 


House  of  Refuge 
Total 


Location. 


Canton 

Cincinnati 

Columbus 

Dayton 

Toledo 

Zanesville 

Qeveland 

Cincinnati 


Number 
Inmates. 


727 
3,208 

922 

730 
1,006 

846 
3,564 

773 


11,776 


Current 
Expenses. 


115,267  13 
54,578  2g 
17,581  25 
12,809  39 

23,299  95 
16,250  00 
22,303  71 
59,000  00 


220,989  20 


Per  capita 
Cost. 


I126  00 
135  96 

156  9S 
25  18 

142  op 


I  Compiled  from  reports  a^  Secretary  of  State  and  Board  of  State  Charities. 


499] 


CHARITIES  AND  CORRECTIONS 


129 


Table  Showing  the  Work  of  County  Charitable  and  Correctional 
Institutions,  1900. 


County  Institutons. 


County  Infirmaries • .  • 

County  Children's  Homes. 


County  Jails 

Out-door  Relief  as    Reported  by 

Infirmary  Directors 

Out-door   Relief  as   Reported  by 

Township  Clerks 

Soldiers'  Relief  Commission. . . . 


Totals 

Grand  totals 


85  reporting. 
32   reporting.      18 
not  reporting. 
88 


Number 
Inmates. 


*  1 5.346 

3.153 
11,640 

15,064 

48.533 
3S,ooo 

126,035 
158.973 


Current 
Expenses. 


1771,522  12 

240,357  41 
117,742  25 

1 79401  83 

193.505  40 
318,063  33 


»i,820,592  34 


4.725*659  89 


*6ij  idioti,  1367  insane,  304  epilcpttca. 


CHAPTER  IV 

STATE  HEALTH  ADMINISTRATION 

There  was  practically  no  attempt  to  organize  a  health 
administration  previous  to  1867.  Isolated  laws  had  been 
enacted  to  prevent  the  spread  of  contagion,  and  their  en- 
forcement was  left  entirely  to  the  local  police.  There  were 
no  local  health  officers,  except  in  the  largest  cities,  until 
1867,  when  the  laws  provided  local  boards  of  health  for 
cities.^  These  consisted  of  six  members  appointed  by  the 
council,  with  the  Mayor  ex  officio  as  chairman.  The  boards 
had  power  to  appoint  a  health  officer,  to  abate  nuisances,  to 
provide  for  vaccination,  and  to  suppress  brothels.  These 
powers  were  later  made  to  include  the  appointment  of  sani- 
tary police  and  the  inspection  of  certain  foods,  as  milk, 
meats  and  bakers'  goods. ^ 

There  had  been  an  earlier  attempt  to  gather  vital  statis- 
tics through  the  Probate  Judge's  office.  It  was  not  success- 
ful until  the  establishment  of  the  State  board  of  health,  for 
the  Secretary  of  State,  to  whom  the  reports  were  sent,  had 
not  enough  authority  to  command  the  local  officers  to  make 
the  requisite  returns. 

In  1867  clergymen  were  made  to  report  all  burials  to  the 
Probate  Judge.*  Two  years  later  the  Probate  Judge  was 
empowered  to  secure  records  of  births  and  deaths  from  the 
county  assessors,  to  whom  all  physicians  and  midwives  were 
to  report.     These  statistics  were  sent  to  the  Secretary  of 

» 64  o.  z.,  p.  76.  « 71  a  z.,  p.  158.  » 64  o.  z.,  p.  63. 

130  C500 


50 1 ]  STATE  HEAL TH  ADMINISTRA TION  1 3 1 

State.  ^  This  law  was  quite  universally  disregarded,^  but 
was  substantially  re-enacted  in  1871,  making  the  assessor 
somewhat  more  responsible,  and  adding  that  he  should  re- 
port all  cases  that  required  vaccination  to  the  Probate  Judge, 
who  should  then  make  provision  for  the  same.® 

This  was  substantially  the  status  of  health  legislation 
when  the  State  board  of  health  was  established  in  1886. 
The  Governor's  message  in  1881  placed  the  matter  before 
the  Legislature.  "  It  is  believed  by  those  who  have  made 
the  subject  a  study  that  one-third  of  the  mortality  of  the 
State  is  due  to  causes  that  may  be  prevented.  Your  atten- 
tion is  called  to  the  propriety  of  appointing  a  State  board 
of  health,  with  the  duty  imposed  of  securing  information 
upon  the  extent  of  unnecessary  mortality  and  suggesting 
methods  of  prevention  thereof.  This  course  has  been 
adopted  by  twenty-seven  of  our  sister  States."  *  The  sug- 
gestion needed  several  reiterations  before  it  sufficiently  im- 
pressed the  law-makers. 

The  State  board  originally  consisted  of  seven  members, 
appointed  by  the  Governor  and  the  Senate,  and  the  Governor 
and  Attorney-General,  who  were  members  ex  officio.  The 
board  elects  its  secretary,  who  now  receives  two  thousand 
dollars  a  year  and  expenses.  The  members  receive  five 
dollars  a  day  and  expenses.  Its  powers  are  embraced  in 
the  sweeping  dictum  that  it  "  shall  have  supervision  of  the 
interests  of  the  health  and  life  of  the  citizens  of  the  State."  ° 

Its  duties  are  two-fold:  toward  the  State  and  toward 
the  locality.  Under  the  former  may  be  grouped,  (a),  its 
power  to  make  careful  inquiry  in  respect  to  all  conditions 
that  determine  the  health  of  the  State  and  the  gathering  of 
vital  statistics,  these  to  be  embodied  in  the  annual  report, 

*  64  O.  L.,  p.  69.       '  Vide,  Report  of  Secretary  of  State,  1869.       »  69  O.  Z.,  p.  23. 
^Executive  DocumenU,  1881,  Vol.  II.  '89  0.  Z.,  p.  77. 


132  ADMINISTRATION  IN  OHIO  [502 

which  contains  much  useful  information  "  for  dissemination 
among  the  people." 

b.  It  is  to  "  advise  the  government,  or  other  State  boards, 
in  regard  to  the  location,  drainage,  v^^ater  supply,  disposal 
of  excreta,  heating  and  ventilating  of  public  buildings." 

But  the  more  important  function  of  the  board  is  toward 
the  local  authorities.  This  at  first  was  a  supervisory  func- 
tion that  entailed  responsibilities  upon  the  local  officers 
toward  the  board  rather  than  directed  the  board  to  do  defi- 
nite things  for  the  locality.  The  section  is  comprehensive. 
"  It  shall  be  the  duty  of  all  boards  of  health,  health  authori- 
ties and  officials,  officers  of  State  institutions,  police  officers, 
sheriffs,  constables  and  all  other  officers  and  employees  of 
the  State,  or  any  county,  city  or  town  thereof,  to  make  and 
enforce  such  quarantine  and  sanitary  rules  and  regulations 
as  may  be  necessary  to  protect  the  public  health,  in  so  far 
as  the  success  and  efficiency  of  the  board  of  health  may 
defend  them.  And  in  the  event  of  failure  or  refusal  on  the 
part  of  any  member  of  said  boards,  or  other  officials  or  per- 
sons, in  this  section  mentioned,  to  so  act,  he  or  they  shall 
be  subject  to  a  fine  of  not  less  than  fifty  dollars  upon  the 
first  conviction,  and  upon  conviction  of  the  second  offence 
not  less  than  one  hundred  dollars." 

It  was  further  declared  the  duty  of  all  local  authorities 
and  of  physicians  in  localities  where  there  were  no  health 
authorities  to  report  promptly  to  the  State  board  any  con- 
tagious or  infectious  diseases  enumerated  in  the  statute. 

The  State  board  of  health  thus  was  given  more  central- 
ized power  from  its  inception  than  Ohio  has  been  in  the 
habit  of  granting  to  such  commissions.  The  law  aimed  at 
a  complete  health  administration,  ranging  from  the  State 
board  at  the  top  to  the  constabulary  at  the  bottom.  But 
the  vulnerable  part  of  the  system  lay  in  the  lack  of  local 
boards.  Only  cities  had  established  these.  Sheriffs,  police 
and  constables  are  not  efficient  health  officers. 


503]  STATE  HEALTH  ADMINISTRATION  133 

Accordingly,  in  1888  local  boards  of  health  were  pro- 
vided for  each  city  or  village  with  a  population  of  five  hun- 
dred or  more/  to  consist  of  six  members  appointed  by  the 
council,  the  Mayor  ex  oMcio  as  chairman.*  The  board  ap- 
pointed a  health  officer,  a  clerk,  and  as  many  ward  or  dis- 
trict physicians  as  it  deemed  best.  It  defined  the  duties  and 
fixed  the  pay  and  tenure  of  its  appointees.  Though  the 
law  was  mandatory,  it  contained  no  provision  for  its  en- 
forcement. Two  years  after  its  enactment  forty-two  vil- 
lages still  had  failed  to  organize  health  boards.  The  State 
board  found  just  cause  for  complaint  in  the  slowness  with 
which  the  smaller  communities  responded.  The  villages 
usually  provided  no  pay  for  health  officers,  and  the  personal 
interest  of  the  State  board  was  necessary  to  urge  the  ap- 
pointment of  local  boards. 

In  1893  ^^  important  revision  was  made  in  the  sanitary 
laws.®  The  powers  of  the  local  boards  were  increased,  par- 
ticularly in  the  following  directions: 

a.  Its  power  to  abate  nuisances.  Nuisances  can  be 
abated  and  removed  by  its  officers,  the  cost  being  a  tax  upon 
the  property  from  which  the  nuisance  is  removed.  Any 
one  disobeying  the  order  of  the  board  is  treated  as  a  mis- 
demeanant ;  the  statute  defines  the  proceedings  in  such  cases. 

b.  Its  powers  of  inspection.  It  may  cause  any  house 
suspected  of  contagion  or  infection  to  be  inspected.  It  may 
appoint  inspectors  for  dairies,  slaughter  houses,  meat  shops, 
food  and  water  supplies  for  animals.  These  inspectors  are 
vested  with  the  powers  of  the  board.  It  is  required  to  in- 
spect quarterly  the  sanitary  condition  of  all  the  schools. 

c.  Its  power  over  quarantine  has  been  made  absolute, 
extending  to  common  carriers,  the  erection  of  pest  houses, 

» 85  o.  z.,  p.  59. 

•  Several  of  the  larger  cities  were  allowed  to  retain  their  former  boards. 
»  90  a  Z.,  p.  87. 


134  ADMINISTRATION  IN  OHIO  [504 

the  prohibition  of  public  gatherings;  likewise  have  been 
extended  its  powers  of  disinfection  and  vaccination. 

d.  Its  regulations  intended  for  the  general  public  are 
adopted,  recorded  and  advertised  as  city  or  village  ordi- 
nances, and  are  given  the  same  force. 

e.  That  accurate  statistics  may  be  forthcoming,  provision 
is  made  for  the  registration  of  all  births,  deaths  and  mar- 
riages. The  board  requires  all  physicians  to  report  at  once 
all  cases  of  infectious  or  contagious  disease.  No  burials 
can  take  place  without  permission.  The  board  reports 
annually  to  the  council  and  to  the  State  board.  The  pen- 
alties attached  to  this  law  are  severe,  and  no  proof  of  actual 
damage  is  required  for  conviction. 

But  this  statute  goes  farther  than  merely  providing  for 
the  cities  and  villages.  It  creates  of  the  township  trustees 
a  township  board  of  health,  with  all  the  powers  and  duties 
of  the  municipal  boards.  Under  its  provisions  552  mu- 
nicipal and  1066  township  boards  were  organized  the  fol- 
lowing year,  making  an  army  of  over  ten  thousand  men 
actively  engaged  in  sanitary  work.  By  the  second  year 
after  its  enactment  all  the  villages  and  townships  had  re- 
sponded to  the  law. 

With  this  increase  of  authority  over  the  local  boards  came 
a  corresponding  enlargement  of  the  powers  of  the  State 
board.  It  is  given  "  supreme  authority  in  matters  of  quar- 
antine." It  can  make  special  or  standing  orders  for  the 
prevention  and  spread  of  contagion,  the  transportation  of 
dead  bodies,  and  "  all  other  sanitary  matters  as  may  be  best 
controlled  by  a  universal  rule." 

It  may  alter  any  regulation  made  by  local  boards,  and  in 
case  of  emergency,  or  the  delinquency  of  local  officers,  it 
takes  complete  charge  of  local  matters,  making  such  orders 
as  it  deems  fit,  and  enforcing  the  regulations  established  by 
the  local  boards.     In  such  cases  all  local  police  and  health 


505]  STATE  HEALTH  ADMINISTRATION  135 

officers  must  enforce  the  orders  of  the  State  board  under 
pain  of  heavy  penalties. 

The  local  boards  may  at  any  time  require  an  investigation 
by  the  State  board  of  the  local  water  supply,  sewerag-e, 
plumbing  and  any  other  matters  of  special  import.  But 
the  most  significant  of  the  supervisory  powers  yet  granted 
to  the  State  board  of  health  is  contained  in  the  following 
section :  "  No  city,  village,  corporation  or  person  shall 
introduce  a  public  water  supply  or  outlet  of  any  system  of 
sewerage  now  in  use  unless  the  proposed  source  of  such 
water  supply  or  outlet  for  such  sewerage  system  shall  have 
been  submitted  to  and  acquired  the  approval  of  the  State 
board  of  health."  Power  is  given  the  State  board  to  prose- 
cute all  delinquents  under  this  provision. 

Since  1894,^  municipalities,  villages  and  townships  may 
issue  bonds  for  the  creation  of  a  "  Sanitary  Fund,"  to  be 
used  for  street  cleaning,  quarantine  and  other  sanitary  mat- 
ters. The  Mayor,  civil  engineer,  health  officer  and  street 
commissioner  constitute  a  "  Sanitary  Board  "  that  controls 
this  fund.  When  there  is  no  civil  engineer  the  local  board 
of  health  exercises  this  power,  and  in  1898  municipalities 
were  given  leave  to  erect  garbage  disposal  plants,  but  all 
plans  must  first  be  approved  by  the  State  board. ^ 

In  1896  provision  was  made  for  more  thorough  plumb- 
ing inspection.'  The  local  boards  of  health  now  appoint  a 
board  of  examiners  to  examine  all  plumbers,  and  no  one  is 
allowed  to  act  either  as  journeyman  or  master  plumber 
without  a  license  from  this  board.  The  board  of  health, 
with  the  sanction  of  the  city  council,  may  appoint  an  in- 
spector of  plumbing.  The  latter  provision  is  carried  out 
only  in  the  larger  cities. 

Indeed,  the  law  was  framed  by  the  plumbers  of  the  cities, 
and  proved  so  cumbersome  in  its  details  for  the  smaller 

» 90  o.  L.,  p.  307.  •  94  o.  z.,  p.  342.  '  92  o.  L.,  p.  342. 


X36  ADMINISTRATION  IN  OHIO  [506 

municipalities  that  the  State  board  of  health  recommended 
its  simplification ;  this  was  done  the  succeeding  year. 

A  final  revision  of  the  health  code  in  1902  reduced  the 
number  of  members  on  the  State  board  to  five,^  and  added 
materially  to  its  power.  The  appointment  of  health  officers 
in  townships  and  villages  must  now  be  sanctioned  by  the 
State  boards  and  if  any  city,  village  or  township  fail  to 
appoint  a  health  officer,  the  State  board  has  authority  to  do 
so.  All  rules  and  r^ulations  made  by  local  health  officers 
must  first  be  approved  by  the  State  board,  so  that  the  State 
board  now  can  exercise  a  fair  d^ree  of  authority  over  local 
health  officers. 

This  central  supervision  has  been  enhanced  by  the  per- 
sonal activity  of  the  board  through  such  extra  legal  methods 
as  are  used  by  the  board  of  State  charities.  The  board 
publishes  a  weekly  "  Health  Bulletin "  and  a  "  Monthly 
Sanitary  Record;"  these  publications,  together  with  the 
annual  report,,  which  is  made  to  contain  matter  of  popular 
interest,  and  the  annual  conference  of  local  and  State  boards, 
serve  to  unify  the  action  of  the  various  localities  and  create 
a  harmony  of  sentiment  between  local  and  State  authorities. 

The  results  that  have  attended  this  centralization  are 
gratifying  to  advocates  of  centralized  administration.  The 
most  flagrant  violations  of  the  principles  of  sanitation  before 
the  organization  of  the  board  were  the  pollution  of  the  water 
supply  in  large  cities,  the  lack  of  proper  sewerage  in  the 
villages,  and  the  utter  disregard  of  quarantine  all  over  the 
State.  In  1886  less  than  five  cents  to  each  inhabitant  was 
spent  for  sanitary  purposes  in  the  two  hundred  and  ten 
villages  of  the  State.^  Epidemics  were  common,  especially 
typhoid  and  diphtheria.     In  1885,  in  a  number  of  villages, 

*95  0.  L.,  p.  643.     Ibid.,  421. 

'  Second  Rep<rrt  StaU  Board  of  Health,  p.  4. 


507]  STATE  HEALTH  ADMINISTRATION  137 

forty  per  cent,  of  the  cases  of  diphtheria  proved  fatal. ^  In 
one  village,  in  which  a  diphtheria  epidemic  raged,  the  secre- 
tary of  the  board  found  that  "  vaults,  hog  pens,  stables, 
slaughter  houses,  garbage  piles,  cattle  pens,  bone-dust  and 
fertilizer  depots;  one  and  all  emitted  their  peculiar  and  offen- 
sive odor,"  There  was  no  sewerage,  the  water  supply  all 
taken  from  wells  and  cisterns,  and  these  were  surrounded  by 
mud  holes.  Absolutely  no  care  was  taken  to  isolate  the 
patients.^  In  another  village  in  southern  Ohio  12%  per 
cent,  of  the  population  were  stricken  with  diphtheria.  Pub- 
lic burials  were  held,  there  was  no  quarantine,  and  the  town 
was  in  a  state  of  panic.  The  secretary  of  the  board  visited 
the  place,  organized  a  local  board  of  health,  established  quar- 
antine and  a  house  to  house  inspection,  and  gave  orders  for 
the  correction  of  all  unsanitary  conditions.'  These  two 
cases  may  be  taken  as  the  normal  condition  of  affairs  at  the 
time  the  board  was  established. 

In  contrast  may  be  cited  the  method  of  treating  the  recent 
small-pox  epidemic.  The  disease  first  appeared  in  April, 
1898,  and  was  introduced  into  a  number  of  towns  in  the 
western  part  of  the  State  by  a  traveling  show.  Of  one 
hundred  and  eighty-one  cases  reported  that  year  only  six- 
teen of  the  cases  had  ever  been  vaccinated,  and  in  ten  of  these 
cases  vaccination  had  not  been  had  within  ten  years.  Only 
three  cases  proved  fatal.  The  State  board  immediately 
established  rigorous  rules  for  the  prevention  and  spread  of 
the  disease.  The  next  year,  however,  the  epidemic  spread, 
not  only  in  Ohio,  but  in  nearly  all  the  Northern  States.  So 
well  was  it  held  in  check  that  of  the  eighteen  hundred  and 
ninety-six  cases  reported  only  twenty-nine  proved  fatal. 
The  board  reported  that  the  disease  had  "  in  no  instance 
got  beyond  control."  *     Only  the  effective  vigilance  of  the 

»  First  Jlepor/,  p.  4.  *  Hid.,  p.  131. 

•4th  Hefiori  StaU  Board  of  Health,  p.  60.  ♦  Ibid.,  XIV.,  p.  10. 


138 


ADMINISTRATION  IN  OHIO 


[508 


board  prevented  a  serious  spread  of  the  disease  in  the  win- 
ters of  1900  and  1 90 1. 

The  control  of  the  water  supply  and  sewerage  system  has 
been  placed  entirely  in  the  hands  of  the  board.  Several 
bills  have  been  prepared  by  the  board  designed  to  secure  to 
the  municipalities  permanent  water  supplies  by  setting  aside 
all  streams  and  lakes  that  might  in  the  future  provide  water 
sources  for  the  cities,  and  placing  these  reservations  in  the 
custody  of  the  State.  The  object  is  to  give  to  the  State 
ultimately  the  control  of  the  water  systems  of  all  the  mu- 
nicipalities. None  of  the  bills  has  ever  received  legislative 
sanction,  but  a  considerable  sentiment  has  been  created 
favoring  this  plan. 

The  board  has  modified  or  rejected  plans  for  water  and 
sewerage  systems  for  many  of  the  principal  cities,  including 
Cleveland  and  Cincinnati,  compelling  strict  conformity  to 
its  suggestions.  The  following  table  exhibits  the  number 
of  plans  accepted  and  rejected : 


Year. 

Number  of 
city  water 

works  plans 
approved. 

Number  re- 
jected or 
altered. 

Number  of 
city  sewerage 
plans  ap- 
proved. 

Number  sani- 
Number  re-        tary  plans 
jected  or       approved  for 
altered.          State  insti- 
tutions. 

1894 
189s 
1896 
X897 
1898 

8 
18 
26 

8 
12 

5 

2 
2 

3 
9 
7 
9 
7 

2 
2 

5 
4 

2 

There  have  been  singularly  few  cases  taken  into  the  courts 
challenging  the  powers  of  the  board.  None  of  these  has 
as  yet  reached  the  Supreme  Court.  The  lower  courts  have 
upheld  the  board  in  its  efforts  to  enforce  vaccination,*  also 
the  local  boards  in  their  attempts  to  punish  individuals  for 

*  XIV  Heport  State  Board  of  Health,  p.  71. 


509]  STATE  HEALTH  ADMINISTRATION  139 

creating  a  nuisance  by  allowing  garbage  to  accumulate  on 
their  premises,  even  though  the  municipality  has  provided 
no  places  for  the  disposal  of  such  garbage/  and  in  a  case 
brought  in  the  city  of  Toledo  the  Circuit  Court  confirmed 
the  power  of  the  local  board  to  quarantine  and  destroy  prop- 
erty without  the  city  becoming  liable  to  recompense  the 
owner.  ^ 

Perhaps  the  most  effective  power  of  the  board  is  secured 
it  by  the  public  opinion  it  has  aroused.  The  studied  object 
of  the  reports,  an  extensive  local  correspondence,  papers, 
interviews  and  other  measures  for  reaching  the  public  mind 
has  been  to  arouse  a  healthy  sentiment  for  healthy  surround- 
ings. This  creation  of  a  popular  sentiment  in  favor  of 
better  sanitation  for  the  most  part  is  due  to  the  united  efforts 
of  the  State  and  local  boards  of  health.^ 

On  the  other  hand  the  greatest  detriment  to  the  efficiency 
of  local  health  administration  has  been  the  lack  of  sympathy 
that  often  existed  between  the  council  and  the  board  of 
health,  the  council  often  not  allowing  bills  for  necessary 
expenses.  Frequently  an  entire  board  has  resigned  because 
of  such  unpleasantness.  To  partially  remedy  this  difficulty 
the  revision  of  1902  was  effected. 

There  has  been  thus  a  gradual  increase  in  the  power  of 
the  State  board  of  health.  The  steps  are  not  difficult  to 
trace.  Since  the  establishment  of  the  board  there  have  been 
three  revisions  of  the  health  code,  and  each  one  added  mate- 
rially to  the  powers  of  the  board.  As  well  did  each  suc- 
cessive law  perfect  the  local  administrative  machinery  for 
co-operating  with  the  central  board.  At  first  only  the  large 
cities  were  organized,  then  all  cities;  next  all  towns  of  five 

» XIV  Report  State  Board  of  Healthy  p.  2IO. 

•Turner  vs.  Toledo,  15th  Ohio  Circuit  Court  Reports,  p.  621. 

•  Sixth  Annual  Report. 


140  ADMINISTRATION  IN  OHIO  [510 

hundred  inhabitants  or  more,  and  finally  all  townships  and 
towns  were  required  to  provide  local  boards,  the  law  giving 
to  the  State  board  the  authority  to  appoint  local  officers  in 
cases  where  localities  were  tardy  in  responding. 

The  efficiency  of  health  administration  throughout  the 
State  has  advanced  with  this  increasing  authority  of  the 
State  and  local  boards. 


511] 


STATE  HEALTH  ADMINISTRATION 


141 


Develop- 
mental 
Diseases. 

0   N   Ox^O   Q  fO  w  00  VO   't  UV»   ir^ 

N  vO    0   *^00   i-r  00   »0  *  lOvO    «!»•  « 
N  vO   fO  ro  «  00  \5   Q^  0   fO  4^  'f  Oj 

M     2 

d 

•  OOt^NOOOONor^NMOOM 

•  Q   'i-  *  ^vO   r^30  vO   0\  N   I-"   N 

•6 
1 

in  0  00  ►"  «  00  o>vO  t^  ••  fo  «  « 

0>  '"i-  ""f  0\  «   ~   0   »^vO  vO   N   1^  Ox 

vo  \n  t^NO  vo  »>■  r^  t^  t^xo  o\  0  N 

Measles, 

Scarlet 

Fever  and 

Whooping 

Cough. 

«r>  Hi  CT«  «  «  to  m  t>.oo  fOOO  N  Q\ 
r^OO  vO   •*fONvO   Tj-O   rOiON   Ox 
fr)fo«nfO*'<l-0>«orOfn'r»n* 

Diarrhoeal 

and 
Dysentery. 

W   ■*t^O   r^uiN   N   NVO   «   -00 

Croup 

and 

Diphtheria. 

00  *^>H   <^   <tf<00xOvO   t^Tj-  u%00 
00  »^  t>.  N   <^  H   OxOO   M   (^  t^OO   Ox 

N4     M     M     H*     ».«                        M 

U    M 

00   ox  Q  N   Ox  0  l^vo   «  vo   t^  t^  Ox 
-U-x6   Ox^N   '*'*t^NOO   Ox«   Ox 

»o  q  fooo  Ox  N  ■^•0  »::  •^  ox «  « 

Annual 

Rate 
per  1000. 

xo  «noo  '«■  rooo  t".  t^  "*  m  0  xo 
komoooo  w  ^^mvoNoo  r>.>o 
xd  ^ t^xd 00  t^tJ-tifOpJ  d  ►-  N 

•3| 

M  NOO  Q  t^^rot^'t  mvo  gxxo 
mxO   ^xS   xnOxOxw   Ox«   ^6   Ox 
00   t^vq  OxOxtjOvl^t^N   fOmN 

^\o  w  d  N  fo  fo  ^  fovd  c^  N  'f 

11 
^1 

Q  Q  r>.QxO  lor^TfN  wvo  OxOw^ 
OQNOt^rJ-rOfO  OvOO   N   N   in  3 

•-  ^N'»f»o-<tN'xdfO«indd8 
N  ro  M   fxO  xo  t^O  m-itOxOxO   O 

>« 

1 

00  Ox  0  >-  «  »o  ^  mxO  fvOO  Ox  0 
000000000000000000000000  Ox 

CHAPTER  V 

MISCELLANEOUS  FUNCTIONS 

In  this  chapter  will  be  grouped  various  administrative 
functions  undertaken  by  the  State,  not  all  of  which  can  be 
said  to  have  been  formerly  discharged  by  the  localities.  They 
are,  in  large  measure,  of  more  recent  development  than  the 
functions  described  in  the  preceding  chapters,  and  show  a 
somewhat  greater  degree  of  centralization.  In  a  few  in- 
stances a  gradual  increase  of  power  is  evident,  while  in 
others  no  great  measure  of  authority  has  been  granted  by 
the  Legislature. 

The  administrative  authorities  to  which  these  functions 
have  been  entrusted  may  loosely  be  placed  in  four  groups, 
according  to  the  general  functions  and  the  nature  and  extent 
of  the  power  granted. 

First,  a  group  of  authorities  whose  functions  are  merely 
to  minister  to  certain  conveniences  of  all  the  citizens,  and 
to  whom  is  granted  practically  no  power.     This  includes : 

1.  The  State  board  of  agriculture,  which  supervises  the 
holding  of  farmers'  institutes  in  the  various  counties  and 
has  charge  of  the  State  fair, 

2.  The  free  employment  bureau,  which  seeks  to  aid  those 
in  quest  of  employment.  The  bureau  has  not  been  a  suc- 
cess, as  the  area  covered  is  too  great. 

3.  The  weather  and  crop  service,  connected  with  the  agri- 
cultural experiment  station.     The  name  indicates  its  duties. 

The  suggestions  of  these  boards  have  no  binding  effect. 
Second,  those  authorities  vested  with  a  definite  power, 
143  [512 


513]  MISCELLANEOUS  FUNCTIONS  143 

but  the  direct  effect  of  whose  findings  is  restricted  to  a  very 
limited  number  of  citizens,  and  whose  recommendations  are 
not  mandatory  upon  even  this  limited  number.  This  group 
includes  only  two  boards,  the  State  board  of  pardons,  which 
recommends  prisoners  for  executive  clemency,  and  the  State 
board  of  arbitration,  which  investigates  strikes  and  lock- 
outs and  seeks  to  bring  about  reconciliation  between  the 
parties  to  the  conflict. 

Third,  a  group  of  boards  whose  determinations  have  a 
binding  force  in  their  limited  spheres  of  action.  Their 
function  is  to  inquire  into  the  fitness  of  persons  desiring  to 
practice  those  professions  upon  which  the  general  welfare 
of  the  State  depends  in  large  measure.  The  State  has 
authorized  these  examining  bodies  in  order  to  protect  her- 
self against  the  unfit.  They  include  the  boards  of  exam- 
iners for  medicine,  veterinary  science,  dentistry,  law  and 
pharmacy.  The  State  board  of  school  examiners  might 
properly  be  included  in  this  list.  The  only  control  exer- 
cised by  the  State  over  the  clerical  profession  is  in  the 
requiring  of  proper  certificates  of  ordination  for  the  solemni- 
zation of  marriages. 

But  it  is  entirely  with  the  fourth  group  that  this  inquiry 
IS  directly  concerned.  It  includes  authorities  whose  func- 
tions may  properly  be  included  under  police  administration, 
and  embrace  principally  powers  of  inspection.  The  various 
authorities  vary  greatly  in  the  degree  of  their  development, 
and  therefore  in  the  extent  of  their  powers.  Most  of  the 
duties  are  of  such  a  naturre  that  State  action  alone  makes 
them  effective.  A  few  of  these  functions  were  formerly 
undertaken  only  by  the  locality,  and  these  are  even  now  not 
entirely  abandoned  by  the  municipalities  to  State  action. 
Rather  the  State  acts  in  conjunction  with  the  locality. 
These  authorities  will  be  enumerated  in  the  order  of  their 
development. 


144  ADMINISTRATION  IN  OHIO  [514 

I.  The  Commissioner  of  Railroads  and  Telegraphs,  The 
rapid  development  of  railroads  in  the  last  fifty  years  led  to 
the  enactment  of  restrictive  laws  for  the  safety  of  the  public. 
These  restrictions  were  so  generally  disregarded  by  the 
companies,  and  localities  were  so  remiss  in  enforcing  them, 
waiting  usually  until  some  disaster  drove  them  to  action, 
that  the  Legislature  authorized  the  appointment  of  an  officer 
who  should  see  to  the  proper  enforcement  of  the  laws.* 
The  duties  of  the  commissioner  are  two-fold.  He  is  first 
to  gather  information  concerning  the  various  railroads  of 
the  State.  To  facilitate  this  the  president  of  any  railroad 
company  doing  business  in  the  State  must  report  annually 
to  the  commissioner  the  details  of  the  business  of  his  road. 
The  law  enumerates  fifty-nine  points  under  which  answers 
must  be  filed.     The  report  is  under  oath. 

But  his  most  important  duty  is  that  of  inspection.  Upon 
the  commissioner  the  Legislature  has  placed  the  stupendous 
task  of  seeing  that  the  railroad  laws  are  properly  enforced. 
The  body  of  this  law  has  so  greatly  increased  in  the  past 
twenty-five  years  that  an  army  of  police,  rather  than  one 
man,  should  be  employed  to  look  after  the  multitude  of 
details  embodied  in  its  provisions.  The  commissioner  is 
given,  indeed,  the  power  to  appoint  one  assistant,  an  "  in- 
spector of  automatic  couplers  or  air-brakes  and  automatic 
power  brakes,"  ^  but  his  duties  are  limited  as  his  title  sug- 
gests. So  the  work  of  the  commissioner  has  gradually 
settled  down  to  the  inspection  of  defective  tracks,  bridges 
and  dangerous  places,  when  complaint  of  the  same  is  made 
to  him,  making  inquests  at  railroad  accidents,  and  carrying 
out  some  special  order  of  the  L^slature,  as  for  instance 
the  abolishing  of  grade  crossings  in  cities  and  the  placing 
of  interlocking  switches  at  crossings.  Improvements  of 
such  magnitude  usually  require  a  number  of  years,  and  the 

*  64  O.  Z.,  p.  1 1 1.  '  Revistd  Statuttt,  sect.  3365-23  »-i. 


515]  MISCELLANEOUS  FUNCTIONS  145 

commissioner  merely  approves  of  the  plans  submitted  to  him 
and  records  the  gradual  consummation  of  the  work. 

His  powers  are  not  at  all  commensurate  with  the  import- 
ance of  his  tasks.  In  making  examinations  he  has  the 
power  to  subpoena  witnesses  and  administer  oaths.  While 
the  statute  dictates  that  violators  of  the  laws  shall  be  pun- 
ished, it  fails  to  give  him  final  power  in  the  matter.  He 
has  the  power  to  stop  the  running  of  passenger  trains  over 
places  he  deems  defective.  His  approval  must  be  secured 
for  the  stringing  of  telephone,  telegraph,  electric  light, 
trolley  and  feed  wires  over  railroad  tracks,  for  the  construc- 
tion of  overhead  structures  over  railroad  tracks,  and  for 
the  plans  and  specifications  of  interlocking  switches.  He 
is  also  empowered  to  arbitrate  differences  between  citizens 
and  common  carriers.^  He  reports  his  findings  in  all  these 
investigations  to  the  Governor,  or  to  the  Legislature  if  it  is 
in  session. 

His  salary  is  four  thousand  dollars  a  year;  he  is  allowed 
twelve  hundred  dollars  for  clerk  hire,  and  the  law  stipulates 
that  he  shall  travel  free  over  all  the  railroads  of  the  State. 

Telegraph  companies  are  now  subject  to  his  inspection, 
and  recently  electric  interurban  railways  have  been  placed 
under  his  supervision. 

2.  Superintendent  of  Insurance  and  Inspector  of  Building 
and  Loan  Associations.  The  continual  abuse  of  public 
privilege,  and  imposition  upon  policy  holders  by  insurance 
organizations  which  purported  to  be  on  a  firm  financial  basis, 
but  whose  assets  were  in  reality  fictitious,  led  to  the  enact- 
ment of  laws  regulating  both  life  and  fire  insurance  com- 
panies. The  enforcement  of  these  laws  was  del^ated  to 
the  localities,  but  it  was  soon  found  that  this  decentraliza- 
tion produced  neither  harmony  nor  efficiency  of  action,  and 
the  State  created  the  office  of  superintendent  of  insurance. 
>  83  0.  L.,  p.  206. 


146  ADMINISTRATION  IN  OHIO  [516 

The  law  states  that  the  superintendent  "shall  see  to  the 
execution  and  enforcement  of  all  laws  relating  to  insur- 
ance." He  covers  under  his  supervision  all  fire,  life,  spe- 
cial, accident  and  fraternal  insurance  companies.  These 
are  all  compelled  by  law  to  make  elaborate  reports,  setting 
forth,  under  oath,  such  details  of  their  business  as  the  super- 
intendent may  demand.  These  statements  are  published  in 
the  annual  reports  of  the  superintendent,  and  the  law  re- 
quires that  the  individual  companies  publish  their  statements 
in  local  papers.  This  publicity  is  not  the  least  benefit  de- 
rived from  the  office. 

In  189 1  building  and  loan  associations  were  made  subject 
to  the  inspecting  power  of  the  superintendent.  The  decade 
preceding  this  arrangement  had  seen  an  enormous  develop- 
ment of  such  associations  in  the  State.  These  associations 
were  first  organized  in  Philadelphia,  and  spread  quite  gen- 
erally over  Pennsylvania.  Ohio  was  soon  overrun  with 
them,  and  was  soon  the  second  State  in  the  Union  in  the 
number  of  building  and  loan  associations.  It  did  not  begin  to 
exercise  State  control  over  them  until  a  number  of  years  after 
Pennsylvania  had  done  so,  and  not  until  many  investors  had 
fallen  prey  to  a  number  of  irresponsible  organizations.  The 
larger  cities  were  particularly  infested  with  them.  Many  of 
these  associations  were  totally  irresponsible,  and  after  an  ex- 
istence of  a  few  years  closed  their  doors,  the  officers  and  the 
funds  paid  in  by  the  unsuspecting  public  having  disappeared. 
The  conditions  were  the  more  unfortunate  because  the  ma- 
jority of  the  stockholders  were  usually  laboring  people,  who 
had  thought  to  improve  the  opportunities  offered  by  the 
associations  to  purchase  a  home  and  pay  for  it  in  small 
monthly  installments. 

The  enforcement  of  the  laws  detailing  the  organization 
and  manner  of  conducting  the  business  of  these  companies 
is  now  made  the  duty  of  the  commissioner  of  insurance. 


517]  MISCELLANEOUS  FUNCTIONS  147 

Every  association  makes  an  annual  report,  showing  in  detail 
its  financial  condition.  These  reports  are  made  under  oath 
by  the  secretary  and  three  directors  of  the  company. 

The  powers  of  the  superintendent  are  principally  such  as 
are  necessary  to  make  an  adequate  inspection  of  these  com- 
panies. Through  his  deputies  he  is  required  to  make  a 
thorough  examination  of  the  funds,  obligations  and  assets 
of  any  insurance  company  and  building  and  loan  association 
in  the  State.  If  he  suspects  any  of  the  institutions  as  being 
unsound,  he  forthwith  makes  inquest,  and  if  any  are  found 
unsound,  he  reports  them  to  the  Attorney-General,  who  at 
once  proceeds  to  close  the  business  of  the  company  or  asso- 
ciation. If  any  are  found  doing  business  illegally  they  are 
given  a  specified  time  in  which  to  rectify  their  course.  The 
superintendent  has  the  power  to  cancel  the  authority  of  a 
foreign  company  doing  an  illegal  business  in  the  State. 
The  superintendent  and  his  deputies  have  the  usual  power 
of  examining  witnesses,  and  have  access  at  all  times  to  the 
books  of  the  companies. 

The  superintendent  receives  a  salary  of  four  thousand 
dollars  a  year.  He  appoints  a  deputy,  a  statistician  and  as 
many  examiners,  actuaries  and  clerks  as  he  may  need.  The 
office  is  maintained  by  fees  paid  by  the  companies. 

As  a  result  of  this  vigilance  and  publicity,  bogus  com- 
panies have  practically  fled  from  the  State,  and  failures  in 
building  and  loan  associations  and  insurance  companies  have 
become  less  frequent  than  failures  in  many  other  lines  of 
business, 

3.  Inspector  of  Mines.  This  office  was  created  in  1873 
"  for  the  purpose  of  facilitating  a  thorough  and  efficient 
inspection  of  mines  in  Ohio."  ^  The  act  has  been  twice 
amended,  each  time  adding  to  the  efficiency  of  the  inspector 
by  providing  more  assistants,  but  his  powers  have  not  been 
» 71  o.  L.,  p.  21. 


148  ADMINISTRATION  IN  OHIO  [518 

greatly  increased.  At  present  the  State  is  divided  into 
seven  districts,  and  the  inspector  appoints  one  district  in- 
spector for  each  district. 

No  person  is  eHgible  to  the  office  of  inspector  unless  he 
has  a  practical  knowledge  of  mining  engineering,  chemistry, 
mineralogy  and  geology,  and  no  one  can  be  appointed  as 
district  inspector  unless  he  is  a  practical  miner  of  five  years* 
experience  and  has  resided  two  years  in  his  district.  They 
are  all  placed  under  bond  and  oath.  The  powers  of  the 
inspector  and  his  assistants  are  virtually  limited  to  an  in- 
spection of  the  mines  and  the  publishing  of  their  findings. 
They  have  the  necessary  power  to  enter  the  mines  at  any 
time,  secure  maps  and  diagrams,  and  examine  witnesses. 
Mine  owners  are  compelled  by  law  to  report  each  accident 
to  the  inspector  as  soon  as  possible,  and  the  matter  is  then 
carefully  investigated. 

But  the  State  seems  to  rely  more  upon  the  effect  of  pub- 
licity than  upon  any  authority  it  has  granted  the  officers. 
While  they  are  to  see  that  the  mining  laws  are  strictly 
enforced,  they  have  no  power  to  enforce  them,  except  in 
cases  of  grossest  neglect,  such  as  pertain  to  ventilation  and 
other  sanitary  conditions  and  safety  appliances. 

That  the  State  relies  upon  the  wholesome  effect  of  pub- 
licity is  also  seen  by  the  fact  that  the  number  of  inspectors 
has  been  gradually  increased,  in  order  that  the  mines  might 
be  more  frequently  visited.  It  is  now  the  custom  for  an 
inspector  to  visit  a  mine  and  notify  the  proprietor  of  what 
he  finds  remiss.  He  then  returns  soon  to  ascertain  whether 
his  demands  have  been  complied  with,  and  he  repeats  his 
visitations  until  the  trouble  is  removed.  So  last  year  one 
mine  was  visited  thirty-eight  times,  another  eighteen  times, 
and  fifty- four  were  visited  five  times. ^     The  details  of  each 

*  26th  Report  Chief  Inspector  of  Mines,  p.  35. 


519]  MISCELLANEOUS  FUNCTIONS  149 

visit  are  published  in  the  annual  reports,  thus  revealing  each 
mine  owner's  shortcomings. 

Just  how  many  of  the  improvements  that  have  taken 
place  in  the  conditions  of  the  mines  since  the  establishing 
of  State  inspection  are  due  to  the  vigilance  of  the  inspectors, 
and  how  many  are  due  to  perfected  methods  of  mining,  it 
is  impossible  to  determine. 

4.  Live  Stock  Commission.  This  was  organized  in 
1884,^  "  to  prevent  the  spread  of  dangerous  and  fatal  dis- 
eases among  domestic  animals."  The  commission  consists 
of  three  members,  appointed  for  three  years.  They  for- 
merly employed  a  competent  veterinarian  as  secretary,  who 
devoted  all  of  his  time  to  the  investigations  ordered  by  the 
board.  The  board  has  stated  monthly  meetings.  The 
immediate  cause  for  the  creation  of  the  commission  was  an 
epidemic  of  Texas  fever  that  created  great  loss  among  the 
cattle  owners  of  the  State.  Previous  to  this  time  no  action 
whatever  had  been  taken  by  the  State  to  protect  the  public 
against  diseased  cattle. 

Although  the  commission  is  the  only  authority  in  the 
State  empowered  to  deal  with  contagious  and  infectious 
diseases  among  animals,  it  yet  has  very  few  powers.  In 
case  a  dangerous  disease  makes  its  appearance  in  any  locality, 
the  person  owning  or  having  charge  of  the  infected  animals 
shall  immediately  notify  the  commission.  Thereupon  the 
commission  orders  an  examination  by  a  veterinarian.  If 
the  examination  shows  that  the  animal  is  infected  with  a 
contagious  disease,  it  is  killed  and  the  herd  quarantined. 
The  locality  in  which  the  disease  prevails  is  also  put  under 
quarantine,  with  respect  to  domestic  animals,  and  a  local 
quarantine  officer  is  appointed.  This  practically  is  the  limit 
of  power. 

But  even  this  power  has  been  virtually  taken  away  by  the 

^82  O.Z.,p.  176. 


I50  ADMINISTRATION  IN  OHIO  [520 

I  failure  of  the  Legislature  to  appropriate  money  for  the  neces- 
\  sary  expenditure,  and  for  the  last  two  years  there  has  been  no 
j  inspection,  quarantine  or  other  protection  possible  to  the  live 
I  stock  interests  of  the  State  except  that  done  at  the  personal 
expense  of  the  board.  There  has  been  no  money  to  pay  a 
secretary,  to  whom  the  major  part  of  the  work  was  assigned. 
The  condition  of  affairs  is  really  alarming.  In  1901  Texas 
fever  made  its  appearance  in  the  State.  Only  the  personal 
interest  and  sacrifice  of  the  commission  prevented  its  gen- 
eral spread.  Anthrax  is  threatening  the  sheep.  Bovine 
tuberculosis  is  found  in  nearly  every  county  of  the  State. 
There  is  no  restriction  of  any  kind  placed  by  the  laws  upon 
the  traffic  in  diseased  animals,  nor  is  there  a  general  quar- 
antine and  inspection  of  cattle  brought  in  from  other  States. 
And  in  the  midst  of  all  these  conditions  the  State  Legis- 
lature has  for  two  years  failed  to  appropriate  even  enough 
money  to  pay  the  four  dollars  a  day  allowed  by  law  to  the 
members  of  the  commission.  The  last  annual  report  of  the 
commission  sets  forth  vividly  these  facts,  and  refers  the 
Legislature  to  the  manner  in  which  Massachusetts  is  solving 
the  problem  of  live  stock  inspection. 

5.  Inspector  of  Workshops  and  Factories,  and  Bureau  of 
Labor  Statistics.  In  this  department  the  functions  of  in- 
spection and  of  gathering  statistics  have  been  completely 
separated,  and  are  assigned  to  two  entirely  distinct  authori- 
ties that  have  no  legal  relations  whatever.  The  bureau  of 
labor  statistics  was  established  first. ^  The  commissioner 
is  appointed  by  the  Governor,  with  the  consent  of  the  Sen- 
ate. His  duty  is  to  gather  "  statistical  details  relating  to  all 
departments  of  labor  in  the  State,  especially  in  its  relation 
to  the  commercial,  industrial,  social,  educational  and  sani- 
tary conditions  of  the  laboring  classes,  and  the  productive 
industries  of  the  State."     In  order  to  do  this  he  has  the 

>  74  o.  L.,  p.  209. 


52 1  ]  MISCELLANEO  US  FUNCTIONS  1 5 1 

power  to  send  for  persons  and  papers,  to  examine  witnesses, 
and  to  inspect  any  business  employing  labor. 

The  commissioner  is  also  at  the  head  of  the  free  employ- 
ment bureau,  which  through  five  branches  established  in  the 
principal  cities  seeks  to  find  employment  for  the  unemployed. 

No  tangible  results  appear  to  have  followed  the  publica- 
tion of  these  statistical  details  other  than  the  usual  enlight- 
enment and  wholesome  effect  produced  by  publicity.  Nor 
has  there  been  a  cordial  response  to  the  efforts  of  the  employ- 
ment bureau. 

The  enforcement  of  the  factory  laws  is  entrusted  to  the 
inspector  of  workshops  and  factories.^  The  chief  in- 
spector is  appointed  by  the  Governor  and  the  Senate  for  a 
term  of  four  years.  He  appoints,  with  the  consent  of  the 
Governor,  thirteen  district  inspectors.  The  State  is  divided 
into  twelve  districts,  and  to  each  one  is  assigned  a  district 
inspector.  The  remaining  district  inspector  is  detailed  to 
inspect  the  manufactories  and  storehouses  of  high  explo- 
sives. These  inspectors  must  all  be  skilled  and  practical 
mechanics,  and  the  inspector  of  explosives  must  be  thor- 
oughly conversant  with  the  manufacture  of  all  high  explo- 
sives. The  chief  inspector  receives  $2,000  a  year,  the  in- 
spector of  explosives  $1,800,  and  the  district  inspectors 
$1,000.     They  all  receive  the  necessary  traveling  expenses. 

As  compared  with  the  other  inspecting  authorities  enu- 
merated above,  these  inspectors  of  factories  have  a  very 
much  larger  power.  Ohio  is  a  great  manufacturing  State, 
and  its  factory  laws  are  complex  and  enter  into  great  detail. 
It  is  the  duty  of  the  inspectors  to  visit  all  of  the  shops  and 
factories  in  their  districts  as  often  as  possible,  and  to  see 
that  the  requirements  of  the  law  are  obsen^ed.  They  par- 
ticularly note  sanitary  conditions,  safety  appliances  connected 
with  dangerous  machinery,  means  of  exit,  and  the  employ- 
^82  o.  z.,  p.  178. 


152  ADMINISTRATION  IN  OHIO  [522 

ment  of  minors  and  of  females.  Recently  there  have  been 
added  a  number  of  important  duties,  including  the  inspection 
of  bake  shops  and  of  sweat  shops ;  the  examination  of  halls, 
theatres,  churches,  school  houses,  hospitals  and  all  other 
public  buildings,  a  certificate  from  an  inspector  being  a  con- 
dition precedent  to  the  opening  of  any  of  these  to  the  public; 
and  finally  the  inspectors  are. empowered  to  see  to  the  en- 
forcement of  the  laws  pertaining  to  the  erection  of  build- 
ings, e.  g.,  the  placing  of  scaffolding  and  temporary  flooring. 
All  serious  accidents  are  now  reported  to  the  chief  inspector, 
and  are  immediately  investigated  by  him.  To  make  such 
examination  as  thorough  as  possible,  the  inspectors  are  privi- 
leged to  enter  all  such  premises  at  any  reasonable  time,  to 
examine  witnesses,  to  inspect  all  appliances  and  apparatus, 
and  examine  all  books  and  records.  To  make  their  findings 
of  any  avail,  the  inspectors  are  empowered  to  prosecute  all 
delinquents  who,  after  due  notice,  fail  to  comply  with  their 
orders. 

The  methods  of  prosecution  vary  with  different  offences. 
In  some  instances  the  prosecuting  attorney  of  the  county  is 
authorized  to  proceed  against  the  offenders,  but  usually  the 
inspector  himself  proceeds  against  the  delinquents.  The 
statutes  provide  penalties  for  each  offence;  these  vary  in 
amount  from  ten  dollars  to  one  thousand  dollars,  and  in 
severity,  imprisonment  from  ten  days  to  six  months. 

There  is  manifest  a  distinct  tendency  to  increase  the 
efficiency  of  this  inspection.  When  the  law  was  first  passed, 
in  1885,  only  three  district  inspectors  were  provided.  This 
number  was  increased  by  eight  in  1892,  and  two  more  were 
added  in  1898.  Their  sphere  of  power  has  been  gradually 
enlarged,  until  now,  as  stated,  they  even  inspect  buildings 
in  process  of  erection. 

The  inspection  has  resulted  ( i )  in  the  enactment  of  wiser 
laws  pertaining  to  the  regulation  of  factories,  shops  and 


523]  MISCELLANEOUS  FUNCTIONS  153 

public  buildings,  due  to  the  fact  that  the  reports  of  the  chief 
inspector  have  emphasized  the  needs  of  such  legislation. 
(2)  In  the  gradual  improvement  of  the  conditions  of  em- 
ployment and  labor  throughout  the  State.  There  has  been 
a  manifest  willingness  on  the  part  of  the  factory  owners 
and  employers  of  labor  to  follow  the  reasonable  demands 
of  the  inspectors.  This  has  resulted  in  better  appliances, 
more  healthful  surroundings  for  the  employees,  and  a  de- 
crease in  the  number  of  accidents  in  those  pursuits  where 
dangerous  machinery  must  be  used. 

In  1900,  2,432  factories  were  inspected;  1,090  of  these 
were  ordered  to  make  alterations.  All  but  130  of  these 
orders  were  voluntarily  obeyed.  Of  bake  shops,  812  were 
inspected,  and  229  alterations  were  ordered.  Only  27  of 
these  were  refused.  Of  38  orders  issued  to  mercantile 
establishments  13  were  ignored.  3,712  buildings  were  in- 
spected and  1,260  accidents  investigated. 

Recently  a  convention  of  factory  inspectors  has  been 
organized,  which  urges  all  employers  of  labor  and  those 
interested  in  industrial  betterment  to  attend  and  participate 
in  the  discussions.  This  will  prove  at  least  a  creator  of 
sentiment,  and  will  bring  about  some  degree  of  co-operation 
between  the  manufacturers  and  the  State  authorities.  The 
chief  inspector  also  has  been  instrumental  in  interesting  local 
private  organizations,  such  as  Boards  of  Trade  and  Cham- 
bers of  Commerce,  in  the  conditions  of  the  factory  workers. 
As  a  result  of  these  extra  legal  forces  a  widespread  interest 
has  been  aroused  throughout  the  State  in  bettering  factory 
conditions,  and  many  notable  examples  of  such  better- 
ment have  been  evolved.  Familiar  instances  are  the  Na- 
tional Cash  Register  Company  of  Dayton,  the  Sherwin- 
Williams  Paint  Company,  and  the  Twist  Drill  Company 
of  Cleveland.  While  these  are  not  the  immediate  outgrowth 
of  State  inspection,  yet  their  influence  is  multiplied  and  their 
details  are  perfected  through  the  activity  of  State  inspectors. 


154  ADMINISTRATION  IN  OHIO  [524 

6.  Dairy  and  Food  Commissioner.  This  oflfice  was  cre- 
ated in  1886,^  The  commissioner  is  appointed  by  the  Gov- 
ernor, with  the  consent  of  the  Senate,  for  a  term  of  two 
years.  He  receives  a  salary  of  $1^,500  a  year  and  his  travd- 
ing  expenses.  He  may,  with  the  approval  of  the  Governor, 
appoint  two  assistants  and  such  experts  as  he  deems  neces- 
sary. 

The  agitation  among  the  farmers  and  dairymen  against 
oleomargarine  was  the  immediate  cause  of  the  creation  of 
the  office,  and  the  first  act  mentioned  specifically  only  dairy 
and  farm  products  as  the  objects  of  the  commissioner's 
inspecting  power.  There  had  been  previous  enactments 
prohibiting  the  adulteration  of  food  stuffs,  but  for  want  of 
a  central  authority  to  enforce  them  they  had  practically  re- 
mained dead  letters ;  the  localities  paid  no  attention  to  them. 
As  the  excitement  over  oleomargarine  subsided,  in  response 
largely  to  the  legislation  by  Congress,  the  field  of  the  com- 
missioner was  widened,  and  what  had  before  been  a  general 
power  to  prosecute  all  persons  "  engaged  in  the  manufacture 
or  sale  of  any  adulterated  or  counterfeit  article  or  articles 
of  food  or  drink  "  was  made  more  and  more  specific  by  the 
enactment  of  laws  against  particular  kinds  of  adulterations, 
and  enumerated  articles  that  had  become  the  subject  of  adul- 
terations. So  at  present  there  is  a  large  list  of  articles  that 
have  been  made  the  special  objects  of  the  commissioner's 
scrutiny. 

The  task  of  the  commissioner  is  a  very  difficult  one.  The 
field  is  so  large  and  complex;  the  law  allows  him  so  little 
help;  there  are  so  many  places  where  food  and  drink  are 
offered  for  sale  and  so  many  manufactories  of  food  stuffs  to 
visit;  and  the  market  offers  such  a  great  diversity  of  "  ready 
made  "  foods,  which  are  really  the  most  adulterated  articles 
exposed  for  sale,  that  only  a  very  small  per  cent,  of  the 
*  83  o.  L.,  p.  120. 


525]  MISCELLANEOUS  FUNCTIONS  155 

establishments  can  be  inspected  and  only  a  few  articles  ana- 
lyzed each  year.  Moreover,  the  nature  of  the  business 
makes  evasion  of  the  law  easy.  In  1900,  923  articles  were 
examined;  383  of  these  were  found  adulterated,  and  132 
prosecutions  resulted.  About  two-thirds  of  the  defendants 
usually  plead  guilty.  The  remainder  fight  their  cases 
through  the  lower  courts. 

The  commissioner  is  given  the  power  to  enter  any  estab- 
lishment where  food  and  drink  are  offered  for  sale,  and  he 
may  open  any  package  for  examination.  He  calls  upon  the 
prosecuting  attorney  of  the  county  to  prosecute  all  violators 
of  the  laws.  All  prosecutions  under  the  statute  must  be  by 
criminal  process.^  Naturally  a  large  amount  of  litigation 
has  resulted  from  the  activities  of  the  commissioner.  The 
majority  of  the  cases  never  question  the  validity  of  the 
specific  laws  under  which  the  action  is  brought,  and  in  only 
a  few  instances  has  the  authority  of  the  commissioner  been 
attacked.  The  courts  have  uniformly  upheld  the  acts,  and 
have  supported  the  commissioner  in  his  attempts  to  pros- 
cute  violators.  Only  a  few  of  these  cases  have  reached  the 
higher  courts;  these  are  brought  by  the  large  corporations 
that  have  an  extensive  business  at  stake.  The  most  active 
opposition  has  come  from  the  oleomargarine  interests. 

The  Supreme  Court  of  Ohio  in  the  first  case  brought 
before  it  for  adjudication  on  the  subject  maintained  that 
the  Ohio  statutes  pertaining  to  the  adulteration  of  dairy 
products  are  a  reasonable  exercise  of  the  police  power  of  the 
State,  and  issued  judgment  of  ouster  against  a  corporation 
for  defying  the  law.  The  case  was  appealed  to  the  United 
States  Supreme  Court,  but  has  not  yet  come  to  a  hearing.* 

'  State  ex  rel.  Reynolds  vs.  Capital  City  Dairy  Co.,  62  O.  S.,  p.  123,  where  it 
wat  decided  that  an  injunction  will  not  lie  at  the  suit  of  an  inspector  to  compel  a 
manufacturer  to  provide  a  sample  of  his  goods  for  analysis. 

'  State  ex  rel.  Attorney  General  vs.  The  Capital  City  Dairy  Company,  62  Ohio 
State,  350. 


156  ADMINISTRATION  IN  OHIO  [526 

The  powers  of  the  commissioner  have  been  upheld  in  a  num- 
ber of  cases  in  the  minor  courts.  The  Superior  Court  of 
Cincinnati  early  refused  to  enjoin  the  commissioner  from 
prosecuting  the  manufacturers  of  certain  prepared  foods/ 

Recently  the  United  States  Circuit  Court  refused  a  tem- 
porary injunction  to  restrain  the  commissioner  from  prose- 
cuting the  Arbuckles  for  selling  their  "Ariosa  "  brand  of 
coffee.  This  case  has  likewise  been  appealed  to  the  United 
States  Supreme  Court,  and  awaits  further  adjudication. 

And  one  of  the  county  courts  has  upheld  the  statute  giving 
the  commissioner  the  right  to  prosecute  violations  of  the 
oleomargarine  law,  by  persons  other  than  manufacturers, 
without  the  intervention  of  a  jury.'* 

While  the  trend  of  the  decisions  seems  to  uphold  the 
commissioner  in  his  activities,  no  great  amount  of  good  can 
come  from  his  labors  until  he  is  given  more  aid.  It  is  be- 
yond the  power  of  three  men  to  exercise  enough  vigilance 
to  cover  an  entire  State  when  evasion  of  the  law  is  so  easy. 

7.  Inspector  of  Oils.  This  office  was  created  in  1878,' 
soon  after  the  discovery  of  large  quantities  of  oil  in  the 
State,  and  the  act  authorizing  the  appointment  of  the  in- 
spector closely  followed  the  Pennsylvania  statute  on  the 
same  subject. 

The  law  was  completely  revised  in  1884.*  The  inspector 
now  appoints  six  deputies.  The  State  is  divided  into  seven 
districts,  and  each  inspector  is  given  charge  of  one  district. 
Before  any  illuminating  oils  can  be  offered  for  sale  in  the 
State  they  must  be  inspected  and  their  quality  determined 
according  to  the  standard  fixed  by  law. 

The  office  is  maintained  by  fees,  which  amount  to  $10,000 

*The  Pre-digested  Food  Co.  vs,  McNeal,  I.  Oiic  Nisi  Prius,  p.  266. 

»  Vid.  ibth  Report  of  Dairy  mnd  Food  Commissioner,  p.  5. 

•  75  O.  L.,  p.  564.  *  8r  O.  L.,  p.  140. 


527]  MISCELLANEOUS  FUNCTIONS  157 

a  year  in  the  case  of  the  chief  inspector,  and  $5,000  a  year 
for  the  deputies. 

8.  Fish  and  Game  Commission.  Under  this  title  the 
State  maintains  a  system  of  poHce  for  the  protection  of  fish 
and  game.  The  commission  is  composed  of  five  members, 
appointed  for  five  years, ^  and  they  serve  without  pay.  They 
examine  the  various  streams  and  lakes  of  the  State  to  ascer- 
tain whether  they  are  suitable  for  the  propagation  of  fish, 
and  co-operate  with  the  United  States  Fish  Commission. 
They  appoint  a  chief  game  warden,  who  receives  twelve 
hundred  dollars  a  year  and  his  traveling  expenses.  They 
also  appoint  a  warden  in  each  county  (the  State  Supreme 
Court  has  recently  decided  that  this  provision  of  the  law  is 
unconstitutional,  the  county  wardens  being  officers  and  must 
be  elected),  and  special  wardens  in  those  counties  wherein 
are  the  largest  lakes.  The  county  wardens  appoint  their 
own  assistants,  as  many  as  they  may  need,  and  all  are  under 
the  direction  of  the  chief  warden,  who  in  turn  receives  his 
instructions  from  the  commission. 

The  county  commissioners,  upon  the  recommendation  of 
the  State  commission,  may  allow  the  county  wardens  a  salary 
of  three  hundred  dollars  a  year.  Otherwise  they  receive 
fees,  which  are  the  same  as  those  paid  to  the  sheriff  of  their 
respective  counties.  All  of  these  wardens  have  the  powers 
of  sheriffs,  and  their  police  vigilance  in  most  parts  of  the 
State  is  effective.  It  is  always,  however,  difficult  to  secure 
the  conviction  of  those  whom  they  arrest,  because  of  insuffi- 
cient evidence. 

9.  The  State  Fire  Marshal.  The  last  administrative 
office  created  by  the  Legislature  is  that  of  State  Fire  Mar- 
shal, and  it  is  at  once  the  best  example  of  centralization  in 
the  State.  The  law  was  passed  in  1900,  and  was  called 
forth  by  political  contingencies  rather  than  by  a  popular 

*  72  o.  L.,  p.  141. 


158  ADMINISTRATION  IN  OHIO  [528 

demand  based  upon  urgent  need.  Nevertheless  the  need 
existed,  and  the  vigilance  of  the  State  seems  necessary  to 
check  the  rapid  increase  of  incendiarism  and  to  aid  in  solving 
the  serious  problems  of  fire  protection. 

The  act  contemplates  a  system  of  fire  police,  and  secures 
this,  not  by  a  body  of  centrally  appointed  officers,  but  by  the 
co-operation  of  local  officials  with  the  State  officers.  The 
Governor  and  the  Senate  appoint  a  chief  fire  marshal,  who 
in  turn  appoints  two  deputies.  The  chief  marshal  receives  a 
salary  of  $3,000  a  year,  the  first  deputy  $1,800  and  the 
second  deputy  $1,500,  and  all  of  them  are  reimbursed  for 
their  necessary  expenses.  The  office  is  maintained  by  a  tax 
on  insurance  companies,  and  the  chief  marshal  can  employ 
as  many  clerks  and  assistants  as  the  total  sum  collected  will 
enable  him.  The  office  must  be  self-sustaining.^  The  chief 
of  the  fire  department  of  each  city,  the  Mayor  of  every  in- 
corporated town  which  does  not  maintain  a  fire  department, 
and  the  town  clerk  of  every  township  outside  the  limits  of 
organized  cities  or  villages  are  virtually  made  local  fire 
wardens,  for  they  must  report  every  fire  at  once  to  the  State 
marshal,  and  must  make  careful  examination  of  all  the  cir- 
cumstances surrounding  the  fire.  A  record  of  all  these 
investigations  is  kept  open  for  inspection  in  the  office  of  the 
State  marshal. 

Whenever  a  case  appears  to  demand  special  investigation, 
the  State  marshal  sends  a  deputy  or  assistant,  who  at  once 
begins  a  systematic  and  thorough  inquisition.  He  has  the 
power  of  a  trial  justice  for  summoning  and  examining 
witnesses;  he  may  arrest  all  suspected  persons,  and  the  in- 
vestigations may,  if  he  deems  prudent,  be  held  in  private. 

'  At  present  the  entire  force  consisft  of  the  chief  marshal,  his  two  deputies,  a 
statistician,  a  clerk,  one  chief  assistant,  a  detective  and  seven  assistants.  Each 
assistant  is  assigned  to  one  of  the  seven  districts  into  which  the  state  is  divided, 
and  supervises  those  local  officers  who  are  made  amenable  to  the  department  bj 
law. 


529]  MISCELLANEOUS  FUNCTIONS  159 

The  local  authorities  mentioned  have  the  right  to  investi- 
gate at  any  time  any  premises  within  their  jurisdiction  to 
ascertain  whether  they  are  in  safe  condition,  or  whether 
inflammable  material  is  stored  in  them,  to  the  danger  of  the 
neighborhood,  and  if  the  officers  find  it  necessary  they  must 
order  the  removal  of  all  such  material.  But  in  these  in- 
stances an  appeal  lies  to  the  State  fire  marshal,  whose  deci- 
sion is  final.  Criminal  prosecutions  alone  are  authorized 
by  the  act. 

The  co-operation  of  the  local  authorities  is  secured  by  a 
penalty  imposed  upon  all  who  fail  to  comply  with  the  re- 
quirements of  the  law. 

The  fire  marshal  has  been  in  power  only  eighteen  months, 
a  period  entirely  too  brief  to  test  the  efficiency  of  his  depart- 
ment. But  the  reports  that  have  been  published  seem  to 
justify  the.creation  of  the  office,  and  point  to  a  real  need  of 
State  supervision  in  such  matters.  There  are  two  general 
lines  of  work  laid  down  in  the  statutes  for  the  fire  marshal. 
I.  The  inspection  of  buildings  that  are  thought  unsafe,  and 
the  removal  from  them  of  all  combustible  and  inflammable 
material.  Under  this  authority  a  number  of  tumble-down 
buildings,  that  were  resorts  for  tramps,  and  mere  fire  traps, 
were  torn  down  the  past  year.  In  eighty-seven  cases  the 
owners  of  buildings  were  notified  to  remove  explosives  or 
combustibles  from  their  premises,  and  to  repair  dilapidated 
buildings.  Only  one  of  these  persons  failed  to  comply 
with  the  request,  until  he  had  been  arrested.^  This  func- 
tion is  also  exercised  by  the  cities,  their  charters  granting 
them  the  right  to  pass  building  ordinances,  regulate  fire 
limits,  and  to  remove  dangerous  structures.  But  only  the 
larger  cities  have  been  alert  to  these  dangers.  The  work  of 
the  fire  marshal  has  been  principally  confined  to  the  cities  of 

'  Second  Report,  State  Fire  Marshal,  p.  7. 


l6o  ADMINISTRATION  IN  OHIO  [530 

the  second  class  and  the  rural  districts.  It  has  required 
State  supervision  to  remind  these  localities  of  their  duty. 

2.  The  principal  function  of  the  marshal  is  to  ascertain 
the  causes  of  fires  and  to  hunt  down  incendiaries.  During 
the  past  year  7,011  fires  were  reported,  involving  a  loss  of 
$7,232,102;  1,267  ^^  these  fires  were  reported  as  of  un- 
known origin  and  291  as  incendiary  fires.^  Investigation 
seems  to  prove  that  a  great  many  of  the  fires  reported  as  of 
unknown  cause  were  incendiary,  and  the  marshal  estimates 
that  nearly  twenty-five  per  cent,  of  the  total  loss  was  caused 
by  incendiaries.  In  attempting  to  reach  these  criminals 
565  investigations  were  made,  resulting  in  sixty-six  arrests 
and  forty-three  indictments.  Twenty-four  of  these  came 
to  a  hearing,  sixteen  were  convicted  and  eight  acquitted. 
In  three  of  the  cases  the  parties  were  extradited  from  other 
States,  whither  they  had  fled.  There  are  twenty-six  cases 
still  pending  from  the  previous  year.  Nine  persons  who 
were  either  indicted  or  bound  over  to  the  grand  jury  have 
fled  from  the  State,  forfeiting  their  bail.  The  marshal  has 
offered  rewards  for  their  apprehension. 

That  a  number  of  persons  in  the  State  are  confirmed 
incendiaries,  or  pyromaniacs,  seems  demonstrated,  for  of 
the  total  number  arrested  twenty-nine  had  from  one  to  nine 
previous  fires  charged  against  them,  and  seven  prisoners 
were  pronounced  insane.  The  rapid  multiplication  of  this 
evil  has  been  alarming.  "  In  several  sections  of  the  State 
incendiary  fires  had  become  so  frequent  that  insurance  com- 
panies were  driven  out,  the  loss  being  larger  than  the  pre- 
miums received,  and  the  people  were  unable  to  secure  indem- 
nity at  reasonable  rates,  and  in  some  cases  no  protection  at 
all."  ^  Pecuniary  gain  made  possible  by  over-insurance 
appears  to  be  the  principal  motive  in  these  cases.     The 

*  Forty-two  persons  were  burned  to  death  and  142  seriously  injured. 

•  Stcond  Report,  State  Fire  Marshal,  p.  4. 


53 1 ]  MISCELLANEOUS  FUNCTIONS  jgi 

proper  remedy  should  be  sought  through  the  insurance 
companies  who  have  accepted  such  risks  on  excess  values. 

The  careful  inquiry  made  into  the  causes  of  fires  leads  to 
a  secondary  result,  the  more  careful  inspection  of  buildings 
by  the  State  inspector  of  workshops  and  factories,  and  by 
city  authorities  and  insurance  companies.^  A  large  ma- 
jority of  the  fires  are  due  to  carelessness;  directly  to  the 
careless  handling  of  combustibles  or  inflammable  materials; 
indirectly  to  faulty  construction  of  flues,  wiring,  plumbing 
and  other  evils  that  can  be  remedied  by  strict  surveillance. 

Considerable  opposition  has  arisen  against  the  department, 
due  to  an  exaggerated  conception  of  the  relation  of  the  fire 
marshal  to  the  insurance  companies.  Because  the  annual  re- 
port of  the  marshal  is  made  to  the  State  commissioner  of  in- 
surance in  place  of  the  Legislature,  and  because  the  marshal 
is  required  to  report  the  findings  of  all  special  investigations 
to  the  insurance  commissioner,  who  in  turn  may  send  them 
to  the  insurance  companies  interested,  the  public  has  been 
misled  into  the  notion  that  the  State  supports  the  depart- 
ment solely  for  the  convenience  of  the  insurance  companies. 
The  office  is,  however,  maintained  by  fees  assessed  upon  the 
fire  insurance  companies.  And  its  activities  have  resulted, 
even  in  the  few  months  of  its  existence,  in  so  much  good  to 
the  public,  and  there  is  such  an  evident  need  for  some  kind 
of  State  supervision,  that  this  opposition  will  probably  wear 
away  and  the  department  increase  in  efficiency  as  the  State 
recognizes  its  importance. 

The  activities  enumerated  in  this  chapter  reveal  a  distinct 
tendency  toward  centralization.  This  tendency  has  been 
accelerated  in  recent  years.  For  the  authorities  that  have 
been  established  last  have  been  endowed  with  the  most 
power,  and  the  authorities  established  in  the  earlier  years 
have  been  graidually  growing  in  power.     For  example,  the 

'  Second  Report,  p.  6. 


l62  ADMINISTRATION  IN  OHIO  [532 

number  of  assistants  granted  to  various  officers  has  been 
greatly  increased,  as  well  as  the  legal  powers.  There  has  in 
each  instance  been  a  real  need  for  State  supervision,  and 
therefore  the  results  attained  by  each  step  toward  centraliza- 
tion have  been  beneficial.  These  results,  however,  have  been 
helpful  directly  in  proportion  to  the  amount  of  power 
granted.  Finally,  many  of  the  authorities  are  crippled  by 
the  small  powers  given  and  the  limited  amount  of  aid  granted 
for  carrying  out  such  legal  powers  as  they  possess. 


CONCLUSION 

This  study  of  the  tendency  toward  centrahzation  of  ad- 
ministration, in  those  functions  wherein  uniform  action  is 
most  advantageous,  reveals  that  Ohio,  as  compared  with 
Massachusetts  or  New  York,^  and  most  other  States,  is  in  a 
transition  stage.  The  Ohio  ideal  has  always  been  central  su- 
pervision in  State  affairs  and  home  rule  in  local  matters.  All 
other  departments  of  the  government  have  been  subordinated 
to  the  Legislature.  Administration  has  been  by  statute. 
This  has  resulted  in  an  administrative  policy  as  fluctuating 
as  the  personnel  of  the  General  Assemblies  that  meet  from 
year  to  year.  While  the  State  was  sparsely  settled,  and  its 
industries  small,  such  administrative  supervision  was  com- 
petent enough.  But  in  recent  years  there  has  been  a  total 
lack  of  ability  on  the  part  of  the  Legislature  to  cope  with 
the  details  of  administration. 

As  Ohio  has  developed  into  one  of  the  strongest  Common- 
wealths of  the  Union,  ranking  fourth  in  population  and 
commercial  importance,  and  has  been  paramount  in  its  polit- 
ical influence  in  national  affairs,  its  tardiness  in  adminis- 
trative efficiency  becomes  the  more  marked.'  The  causra 
must  be  sought  in  the  political  history  of  the  State. 

As  was  stated  in  the  Introduction,  Ohio  was  a  part  of  the 

*  Cj.  Centralization  of  Administration  in  New  York,  J.  A.  Fairlie,  Col- 
umbia University  Series  in  History,  Economics  and  Public  Law,  Vol.  IX,  and 
Public  Administration  in  Massachusetts,  R.  H.  Whitten,  Ibid.,  Vol.  VIII. 

"  While  Ohio  thus  is  one  of  the  greatest  states  in  the  Union,  it  was  the  29th 

state  to  organize  a  State  Board  of  Health;  the  36th  state  to  recognize  the  valid 

dema<^ds  of  its  State  University;  the  25th  state  to  organize  a  Board  of  State  Char* 

itiet,  and  is  one  of  three  States  that  withhold  the  veto  power  from  their  Governor 

533]  161 


l64  ADMINISTRATION  IN  OHIO  [534 

Northwest  Territory.  This  vast  r^ion  formed  the  first 
public  domain  of  the  United  States.  This  was  before  a 
definite  poHcy  for  the  disposal  of  the  public  lands  had  been 
formed.  Only  a  fraction  of  the  territory,  embraced  within 
the  present  boundaries  of  Ohio,  was  disposed  of  in  home- 
stead claims.  The  rest  of  the  lands  were  sold  in  large 
tracts  to  private  corporations  or  were  given  as  bounties  for 
the  payment  of  the  veterans  of  the  Continental  Army. 

There  were  eight  centers  of  settlement,  nearly  all  charac- 
terized by  the  individuality  of  the  pioneers. 

1.  The  Symmes  Purchase,  between  the  Great  and  Little 
Miami  rivers,  in  the  extreme  southwestern  corner  of  the 
State.  Cincinnati  was  the  center  of  the  settlements  of  this 
region.  The  settlers  came  from  New  Jersey,  and  were 
mostly  of  Swedish  and  Dutch  stock. 

2.  The  Virginia  Military  Tract,  between  the  Little  Miami 
and  Scioto  rivers.  These  settlements  radiated  from  Chilli- 
cothe  as  a  center.  The  pioneers  were  from  Virginia,  and 
most  of  them  had  been  soldiers  in  the  war  for  independence. 
They  were  Episcopalians  in  faith,  anti-Federalist  in  politics, 
and  had  a  leaning  toward  slavery,  at  one  time  attempting 
to  bring  slaves  into  the  State.  The  Ordinance,  however, 
forbade  it. 

3.  The  Ohio  Company's  Purchase,  in  the  extreme  south- 
eastern corner,  with  Marietta  as  a  center.  This  was  the 
first  settlement  in  the  territory,  and  its  members  came  from 
Massachusetts. 

4.  Immediately  north  of  the  Ohio  Company's  tract,  and 
bordering  the  Ohio  river,  the  first  United  States  surveys 
were  made,  and  the  townships  thus  mapped  out  were  called 
"  the  seven  ranges."  They  were  purchased  and  settled  by 
Pennsylvanians,  mostly  of  German  and  Scotch-Irish  de- 
scent. 

5.  Immediately  to  the  west  of  the  "  seven  ranges  "  was 


535]  CONCLUSION  165 

the  tract  set  aside  by  the  National  government  as  bounty 
lands  for  its  soldiers.  This  tract  was  not  settled  by  a 
homogeneous  population,  although  many  veterans  from  the 
Middle  States,  particularly  from  New  York  and  Pennsyl- 
vania, settled  there. 

6.  In  the  northern  part  of  the  State,  bordering  the  south 
shore  of  Lake  Erie,  the  Connecticut  immigrants  settled  in 
the  Western  Reserve,  with  Cleveland  as  the  principal  center. 

7.  Five  smaller  tracts  were  granted  to  various  parties. 
One  to  a  company  of  French  immigrants;  these  formed 
Gallia  county,  with  Gallipolis  as  the  principal  settlement. 
Another  tract  was  given  to  a  Moravian  band,  on  the  Tus- 
carawas river,  and  three  small  grants  to  private  parties. 

8.  The  rest  of  the  land,  probably  less  than  one-third  of 
the  entire  area  of  the  State,  remained  "  Congress  land,"  and 
was  not  settled  by  any  definite  homogeneous  population, 
but  was  largely  occupied  by  the  immigrants,  mostly  Ger- 
mans, who  came  to  this  country  in  the  first  half  of  the  cen- 
tury. 

These  centers  were  completely  isolated  by  the  dense  for- 
ests that  covered  the  entire  territory.  Means  of  communi- 
cation were  imperfect.  Each  little  group  developed  along 
the  lines  of  its  previous  training  and  traditions.  The  dif- 
ferences in  religion,  early  education  and  ideas  of  local  self- 
government  were  great.  There  were  Episcopalians,  Luth- 
erans, Presbyterians,  Congregationalists,  Moravians  and 
Roman  Catholics,  each  left  alone  in  isolated  areas.  They 
fostered  two  different  ideals  of  public  education,  the  paro- 
chial school  and  the  free  school.* 

*  Later  this  led  to  considerable  opposition  in  the  legislature  in  behalf  of  public 
education.  For  a  number  of  years  the  state  catered  to  the  foreign  element,  allow- 
ing the  study  of  German  in  the  public  schools,  as  a  substitute  for  English ;  and 
parochial  schools  in  some  of  these  areas  remained  until  the  middle  of  the  century, 
the  only  schools  open  to  the  youth. 


l66  ADMINISTRATION  IN  OHIO  [536 

The  Virginian  method  of  county  organization,  the  Penn- 
sylvania and  New  York  theory  of  township  and  county 
amalgamation,  and  the  New  England  insistence  upon  town- 
ship autonomy,  all  grew  apace  in  the  forest  settlements  of 
the  northwest.  The  Federalist  and  anti-Federalist  tenden- 
cies were  marked  in  the  different  areas.  There  were  two 
forces  that  tended  to  unite  the  people :  the  conflicts  with  the 
Indians,  and  the  fact  that  so  many  of  the  pioneers  had  par- 
ticipated in  the  Revolution.  But  these  forces  tended  to 
create  a  sentiment  toward  the  National  government  rather 
than  to  obliterate  their  local  differences.  This  early  inde- 
pendence is  shown  by  the  action  of  the  Western  Reserve, 
which  preferred  to  obey  the  laws  of  Connecticut  rather  than 
those  of  the  territorial  government.  It  was  not  until  Con- 
necticut renounced  all  sovereignty  over  the  Reserve,  in  1800, 
that  its  settlements  voluntarily  recognized  the  territorial  acts. 

From  the  first  the  settlers  were  men  of  strong  personality 
and  determined  character.  The  larger  centers  at  once  es- 
tablished schools  and  academies,  and  as  soon  as  possible 
each  had  its  own  colleges.  Thus  Miami  University  was 
founded  in  the  Symmes  Tract  in  1809;  Ohio  University  in 
the  Virginia  Military  Tract  in  1804;  Marietta  College  in 
the  Ohio  Company's  lands  in  1835;  Kenyon  College  in  the 
United  States  Military  lands  in  1824;  and  in  the  Reserve, 
Western  Reserve  College  in  1826,  and  Oberlin  in  1833. 
These  were  local  colleges,  and  although  organized  after  the 
framing  of  the  first  Constitution,  they  aided  greatly  in  per- 
petuating the  ideals  of  their  founders. 

The  original  government  of  the  territory,  established  by 
Congress,  consisted  of  a  Governor  and  judges,  appointed 
by  the  President.  It  was  the  first  territorial  organization 
established  by  the  new  National  government.  The  Gover- 
nor was  given  large  power,  and  together  with  the  judges 
enacted  the  laws  for  the  territory.     A  proviso,  however, 


537  J  CONCLUSION  167 

restricted  the  legislative  council  to  the  selection  of  laws 
already  in  force  in  the  States,  and  Congress  reserved  for 
itself  the  veto  power  upon  all  the  acts  of  the  Governor  and 
his  council. 

The  first  Governor  of  the  territory  was  Gen.  St.  Clair,  a 
hero  of  the  Revolution,  a  personal  friend  of  Washington 
and  Hamilton,  and  an  ardent  subscriber  to  their  political 
theories.  He  ruled  with  an  arbitrary  hand,  arrogating  to 
himself  all  powers  not  specifically  withheld.  He  organized 
counties,  created  offices  and  filled  them,  licensed  tavern 
keepers,  ferries  and  attorneys,  and  commissioned  all  mili- 
tary and  civil  officers.  Nor  did  his  council  adhere  to  the 
instructions  given  by  Congress.  They  altered  and  adopted 
laws  at  their  pleasure,  and  established  such  local  govern- 
ments as  they  desired.     Congress  did  not  check  them. 

There  was  no  opposition  to  the  Governor's  course  until 
in  1799.  That  year  the  first  territorial  Legislature  met. 
The  ordinance  creating  the  territory  provided  that  when  it 
contained  five  thousand  white  male  inhabitants  of  legal  age 
a  Legislative  Assembly  should  supplant  the  Governor's 
council  as  a  law-making  body.  The  assumption  of  power 
on  the  part  of  the  Governor  was  roundly  resisted  by  this 
Legislature.  He  claimed  to  be  a  co-ordinate  branch  of  the 
government,  and  therefore  vested  with  an  absolute  veto. 
Both  claimed  the  right  to  create  counties  and  establish  local 
governments.  The  Governor  did  not  heed  their  legislation, 
and  arbitrarily  created  local  sub-divisions  to  suit  himself, 
and  established  them  by  proclamation  without  consulting 
the  Legislature,  and  filled  all  offices  without  consulting  even 
his  council.  His  communications  remonstrating  against 
their  usurpation  of  his  powers  were  framed  in  offensive 
terms.  Of  thirty  bills  passed  in  the  first  session  he  vetoed 
eleven,  over  one-third.*     General  Harrison  was  elected  the 

*  Burnett,  NoUi  on  the  North  West  Territory,  pp.  375-381. 


l68  ADMINISTRATION  IN  OHIO  [538 

first  territorial  delegate  to  Congress,  over  St.  Clair's  son, 
and  when  the  Legislature  adjourned  there  was  much  bad 
feeling  against  the  Governor. 

This  feeling  rapidly  developed  into  a  positive  antipathy, 
for  which  the  Governor  was  only  partially  responsible.  The 
succeeding  sessions  were  principally  bouts  between  the  ex- 
ecutive and  legislative  departments,  and  in  1801  a  delegate 
was  sent  to  Washington  to  prefer  charges  against  the  Gov- 
ernor. His  mission  failed.  National  political  parties  were 
now  forming,  and  the  local  spirit  of  the  settlements  was 
making  itself  manifest.  The  new  country  was  growing 
phenomenally.  In  three  years  after  the  first  Legislature 
gathered  at  Marietta,  the  eastern  portion  of  the  territory 
had  enough  inhabitants  to  form  a  State.  The  anti-Federal- 
ists, who  were  at  first  merely  the  anti-St.  Clair  party,  clam- 
ored for  admission.  The  Governor  opposed  it.  His  mes- 
sage derided  the  idea. 

Jefferson  was  meanwhile  elected  President,  and  foreseeing 
the  political  advantages  to  be  gained,  favored  the  creation 
of  a  new  State.  An  enabling  act  passed  Congress  in  1802. 
An  election  was  called  to  appoint  delegates  to  a  constitu- 
tional convention.  The  issues  were  clear  cut,  the  friends 
of  the  Governor,  Federalists,  seeking  to  avert  admission 
into  Statehood,  the  enemies  of  the  Governor,  anti-Federal- 
ists, striving  to  succeed  in  erecting  the  State.  The  enemies 
of  St.  Clair  won,  as  they  had  a  large  majority  in  the  con- 
vention. The  Governor  in  an  address  so  strongly  criticised 
the  action  of  Jefferson  and  of  Congress  that  he  was  removed 
from  office  soon  after  the  convention  had  begun  its  work. 
With  exaggerated  ideas  of  local  autonomy,  bred  by  the 
isolation  of  their  settlements,  and  heightened  by  the  arbi- 
trary course  of  St.  Clair;  with  an  antipathy  for  strong 
centralized  government  induced  by  the  general  trend  of 
political  thought  of  that  day;  and  with  their  personal  dis- 


539]  CONCLUSION  l5g 

like  for  the  Governor  inflamed  into  rancor,  the  convention 
set  to  work  on  the  Constitution.  The  product  was  perfectly 
natural.  The  Governor  was  stripped  of  all  power  and  the 
Legislature  clothed  with  executive  prerogatives.  It  ap- 
pointed all  State  officers,  all  county  judges,  as  well  as  the 
judges  of  the  Supreme  bench.  The  legislative  department 
was  made  paramount,  the  executive  and  judicial  departments 
were  subordinated.  In  local  government  the  compromise 
system  of  Pennsylvania  was  adopted,  but  it  was  not  until 
twenty-five  years  later  that  the  system  of  county  organiza- 
tion was  completed,  the  township  remaining  a  more  import- 
ant unit  until  that  time.  Municipalities  were  incorporated 
by  special  acts  of  the  Legislature. 

This  arbitrary  action  of  Governor  St.  Clair  did  not  ex- 
tend to  the  other  States  carved  out  of  the  Northwest  Terri- 
tory. The  first  territorial  Legislature  was  the  only  one  in 
which  all  of  the  territory  was  represented.  Of  the  twenty- 
two  members  sitting  in  this  Assembly,  three  were  from  what 
is  now  the  State  of  Michigan,  two  from  Illinois  and  one 
from  Indiana.  The  rest  were  from  Ohio.  Early  in  the 
year  1800  Indiana  was  set  apart,  and  its  jurisdiction  ex- 
tended over  all  of  the  rest  of  the  Northwest  Territory  ex- 
cepting the  eastern  portion  of  the  southern  peninsula  of 
Michigan,  which  remained  united  with  Ohio  territory.  But 
the  Constitution  of  Ohio,  1802,  described  the  northern 
boundary  of  the  new  State  so  as  to  cut  off  this  strip,  and  it 
was  forthwith  annexed  to  Indiana.  In  1805  the  territory 
of  Michigan  was  organized.  Indiana  was  admitted  to  the 
Union  in  1816,  Illinois  in  1818,  Michigan  in  1837,  and 
Wisconsin  in  1848.  Thus  all  of  these  States  were  sepa- 
rated from  Ohio,  in  time  to  avoid  the  peculiar  influencces 
that  shaped  the  government  of  Ohio.  All  of  these  States 
have  made  more  progress  toward  centralization  than  Ohio. 

This  earlier  idea  of  the  supremacy  of  the  legislative  de- 


I70  ADMINISTRATION  IN  OHIO  [540 

partment  is  vividly  shown  by  several  incidents.  In  1805 
the  Legislature  gave  justices  of  the  peace  jurisdiction,  with- 
out a  jury  trial,  over  all  civil  cases  when  the  amount  did  not 
exceed  fifty  dollars.  As  the  Constitution  of  the  United 
States  fixes  the  limit  at  twenty  dollars,  the  Supreme  Court 
of  the  State  promptly  declared  the  measure  unconstitutional. 
This  greatly  incensed  the  Legislature.  Resolutions  of  im- 
peachment were  introduced  against  the  Supreme  bench,  but 
the  trial  resulted  in  an  acquittal.  In  18 10,  however,  the 
resolutions  known  as  "  Sweeping  Resolutions  "  were  passed. 
The  judges  and  State  officers  had  originally  been  appointed 
for  seven  years,  and  the  resolution  recited  that  inasmuch  as 
the  seven  years  had  elapsed,  the  time  for  renewal  had  come. 
Every  judge  of  the  Supreme  Court  and  Common  Pleas 
Courts,  the  Secretary  of  State,  the  State  Auditor  and  State 
Treasurer,  together  with  all  the  justices  of  the  peace  of  the 
State,  were  removed  from  office.  The  interpretation  placed 
by  the  Legislature  upon  the  provision  limiting  the  term  of 
office  to  seven  years  was  improper,  for  nearly  all  of  the 
original  appointees  had  been  replaced,  either  because  of 
death  or  resignation,  and  very  few  of  the  officers  thus  sum- 
marily removed  had  served  seven  years. 

The  Legislature's  attitude  toward  the  United  States  Bank 
also  indicates  the  extravagant  ideas  it  had  concerning  its 
powers.  Two  branches  of  the  bank  had  been  opened  in  the 
State.  In  1819  the  Legislature  passed  a  law  taxing  each 
branch  $50,000.  The  banks  refusing  to  pay  this  sum,  the 
State  collector  was  empowered  by  law  to  remove  $100,000 
in  currency  or  notes  from  the  banks  to  satisfy  the  claims  of 
the  State.  But  the  United  States  Circuit  Court  had  pre- 
viously enjoined  the  State  officers  from  proceeding  under 
the  statute,  and  the  officers  were  accordingly  punished  for 
contempt.  Successful  suit  was  brought  by  the  bank  to  se- 
cure the  money,  and  the  United  States  Supreme  Court  in 


541  ]  CONCLUSION  171 

1824  declared  the  Ohio  act  unconstitutional.  But  the  Leg- 
islature was  not  appeased  until  it  had  passed  a  law  with- 
drawing all  protection  of  the  State  laws  from  the  United 
States  Bank  and  closing  the  courts  of  the  State  against  it 
It  was  made  a  punishable  offence  for  a  judge,  justice  of  the 
peace  or  any  other  judicial  officer  to  take  official  cognizance 
of  the  bank,  or  to  take  acknowledgment  of  any  deeds  or 
other  conveyances  for  the  bank.  Sheriffs  were  forbidden 
to  serve  processes,  and  notaries  from  making  protest  of 
national  bank  paper.  The  Legislature  even  went  so  far  in 
its  spite  as  to  affirm  the  Kentucky  and  Virginian  resolutions. 
This,  however,  remains  the  extreme  limit  of  State's  rights 
reached  by  the  Legislature,  and  subsequent  history  has 
amply  redeemed  the  State  from  this  act  of  nullification. 

While  the  Legislature  did  not  subsequently  exalt  the 
theory  of  State's  rights,  it  in  no  wise  receded  from  its  belief 
in  its  own  executive  and  administrative  powers.  About 
this  time  the  country  was  beginning  to  feel  the  need  of  better 
means  of  communication.  Turnpikes  and  canals  were  pro- 
jected on  a  continental  basis.  Ohio  at  once  began  to  plan 
for  State  canals  and  turnpikes.  The  unchecked  Legislature 
grew  lavish.  Two  canals  were  built,  connecting  Lake  Erie 
with  the  Ohio  River.  Numerous  branches  were  beg^n. 
State  roads  radiated  from  the  largest  cities.  The  State 
subscribed  one-third  of  the  stock  in  all  private  canal  and 
turnpike  companies.  While  the  Legislature  placed  the  ad- 
ministration of  these  vast  undertakings  in  the  hands  of  a 
Board  of  Canal  Commissioners,  it  never  g^ve  the  commis- 
sion much  power.  Every  year  detailed  instructions  were 
given  the  commissioners,  and  they  were  handicapped  at 
every  turn  by  too  much  legislative  vigilance.  The  extrava- 
gance of  the  law-makers  and  the  introduction  of  steam  roads 
brought  the  State  to  the  verge  of  financial  ruin,  and  the 
Constitution  of  185 1  put  a  check  upon  the  Legislature's 
power  to  pledge  the  State's  credit. 


172  ADMINISTRATION  IN  OHIO  [542 

A  quaint  and  faithful  account  of  the  operations  of  the 
Legislature  under  the  first  Constitution  is  given  by  Caleb 
Atwater  in  his  History  of  Ohio.     It  was  written  in  1838. 

"  Our  General  Assembly  has  too  much  power,  and  in 
times  of  peace  they  assemble  quite  too  frequently  and  sit  too 
long.  Whole  millions  have  been  wasted  in  useless  legisla- 
tion. Without  more  restraints  on  the  law-making  power, 
without  an  absolute  prohibition  against  electing  their  own 
members  to  offices,  this  Constitution  cannot  last  long,  because 
our  republican  form  of  government  can  only  last  while  the 
people  are  in  love  with  it.  .  .  .  We  will  not  attempt  to 
point  out  all  the  evils  which  this  power  in  the  General 
Assembly  has  produced.  A  volume  would  barely  enumerate 
them.  During  the  term  for  which  any  member  is  elected 
he  ought  to  be  ineligible  to  any  other  office."  Because  of 
the  absence  of  any  veto  power  "  unconstitutional  acts  have 
been  passed  in  every  period  of  our  short  history.  Acts 
have  been  passed,  worded  exactly  like  former  ones,  without 
repealing  the  former  ones.  Criminal  laws  have  been  re- 
pealed (a  whole  criminal  code)  without  any  saving  clause 
as  to  crimes  committed  under  them,  so  that  the  greatest 
criminals  have  escaped  punishment.  Laws  have  been 
amended  and  made  worse  merely  for  the  sake  of  making  a 
good  sized  volume,  and  as  a  mere  excuse  for  members  of 
Assembly  staying  at  the  seat  of  government  and  drawing 
their  three  dollars  a  day.  In  all  such  cases  a  power  of  pro- 
rogation in  the  Governor,  or  of  rejecting  such  acts  as  un- 
constitutional, as  inexpedient  or  unnecessary,  would  have 
saved  to  the  people  at  least  large  sums  of  money.  As  it 
now  is,  during  many  sessions  of  the  Legislature,  all  well- 
informed  men  live  in  fear  of  some  new  efforts  being  made 
to  almost  ruin  the  State."  ^ 

*  Atwater,  History  of  Ohio,  pp.  172,  173,  175.     Mr.  Atwater  was  creditably 
dentitied  with  the  early  history  of  the  state.     He  was  a  member  of  many  of  the 


543]  CONCLUSION  172 

The  Constitution  of  i85i^eYeri.ngw  in  force,  was  framed 
to  prevent  the  Legislature  from  subscribing-  the  State's  credit 
to  private  corporations,  and  to  prohibit  the  State  from  par- 
ticipating- in  and  making  internal  improvements  of  any 
kind.  A  tax  law  was  embodied  in  this  Constitution,  and 
special  legislation  prohibited.  These  were  the  only  restric- 
tions placed  upon  the  Legislature,  nor  were  the  Governor's 
powers  increased.  It  is  true  he  was  given  the  power  to 
appoint  certain  officers,  but  all  of  his  appointments  must 
be  confirmed  by  the  Senate.  Thus  the  new  Constitution 
placed  no  check  upon  the  riotous  tendencies  of  the  Legisla- 
ture to  invade  all  administrative  details,  and  the  history  of 
administration  traced  in  this  essay  proves  that  the  legislators 
have  been  true  to  the  traditions  of  the  fathers,  and  a  careful 
survey  of  the  acts  of  the  Legislature  proves  that  they  have 
not  greatly  improved  in  the  art  of  law-making. 

With  the  increasing  complexity  of  economic  life,  the 
Legislature  has  been  called  upon  to  provide  for  more  and 
more  details  of  administration,  and  to  project  the  State  into 
those  spheres  of  activity  that  formerly  were  occupied  solely 
by  localities  or  were  left  entirely  alone.  To  this  need  the 
Legislature  has  failed  to  adequately  respond.  The  pitiable 
history  of  the  school  administration  ^  and  of  the  Board  of 
State  Charities,^  and  the  tardy  action  taken  in  organizing 
a  State  Board  of  Health,  reveals  this.'     In  the^more  recently 

learned  societies  of  America,  and  the  author  of  numerous  scientific  works.  He 
represented  Cincinnati  in  the  legislature  for  several  years,  and  his  influence  largely 
prevailed  in  the  establishing  of  the  public  schools.  Vid.  supra  p.  25.  The  govern- 
ment under  this  constitution  is  thus  characterized  by  Rufus  King:  "Briefly 
stated,  it  was  a  government  which  had  no  executive,  a  half-starved,  short-lived 
judiciary,  and  a  lop-sided  legislature."  Rufus  King,  Ohio,  in  American  Com- 
monwealth Series,  p.  29.  And  Thomas  Corwin,  one  of  the  most  brilliant  of 
Ohio's  governors,  said  that  "  the  inquest  of  the  office  revealed  that  reprieving  of 
criminals  and  appointing  notaries  were  the  sole  flowers  of  the  prerogative." 

*  Supra,  pp.  23-73.  »  Supra,  pp.  105-127.  •  Supra,  p.  131. 


174  ADMINISTRATION  IN  OHIO  [544 

constituted  administrative  authorities  the  Legislature  has 
either  withheld  sufficient  power  or  handicapped  effort  by- 
meagre  appropriations.  The  last  report  of  the  Ohio  Live 
Stock  Commission  is  taken  up  almost  entirely  with  a  per- 
fectly justifiable  complaint  of  the  criminal  indifference  of 
the  Legislature  toward  the  commission,  shown  in  its  neglect 
to  make  any  provision  for  even  the  necessary  expenses.  As 
a  result,  bovine  tuberculosis,  Texas  fever  and  anthrax  have 
invaded  the  State,  to  the  great  damage  of  cattle  owners  and 
the  menace  of  the  health  of  the  Commonwealth.^  There 
are  but  few  authorities  in  the  State  that  have  not  a  just 
causes  of  complaint  in  the  indifference  of  the  Legislature.* 

It  seems  hardly  necessary  to  show  why  a  Legislature  is 
unfit  to  act  as  an  administrative  body.  It  must  receive  its 
knowledge  of  administrative  details  from  others,  and  must 
act  by  proxy  in  applying  the  rules  provided  for  each  par- 
ticular case.  If  it  fails  to  heed  the  suggestions  of  those 
appointed  to  inform  and  advise  it,  or  if  it  fails  to  delegate 
sufficient  authority  to  administrative  officers,  then  it  falls 
far  short  of  providing  for  effective  administration.  But 
it  is  just  on  these  two  points  that  a  Legislature  hedges  when 
considering  matters  that  appertain  to  administration.  A 
Legislature  that  regards  centralization  with  suspicion  is  not 
lavish  in  its  delegations  of  power  to  a  board  or  commis- 
sioners, nor  is  it  at  all  prone  to  profit  by  the  suggestions  of 
other  State  officers. 

In  this  study  it  has  been  seen  how  repeated  recommenda- 
tions from  the  Governor  and  other  competent  advisers  have 
been  utterly  ignored,  and  the  one  fatal  weakness  of  the  Ohio 
administrative  boards  has  been  the  want  of  authority.  The 
creation  of  a  public  sentiment  seems  the  only  remedy.     For 

»  P'id.  Rtpertf  tgoo,  Ohio  Live  Stock  Commission,  pp.  1-7.   Vid.  supra,  p.  149. 
•The  State  Board  of  Health,  the  State  Fire  Marshal  and  the  Inspector  of 
Workshops  and  Factories  are  perhaps  exceptions. 


545]  CONCLUSION  175 

administrative  details  cannot  be  properly  embodied  in  a 
Constitution  because  of  the  constantly  growing  needs  of 
modern  society. 

Furthermore  the  function  of  a  Legislature  is  primarily 
the  making  of  laws.  Its  size  is  unwieldy  for  administra- 
tive purposes;  its  complexion  is  always  partisan.  Its  acts 
are  tinged  by  party  influence.  Impartiality,  that  is  so  essen- 
tial in  effective  administration,  is  too  often  wanting  in  l^is- 
lative  action.  The  effects  of  this  are  apparent  in  the  man- 
aging of  State  institutions.^ 

Because  of  the  fluctuating  conditions  that  determine  the 
character  of  the  law-making  body,  its  action  lacks  plan  and 
continuity.  There  is  not  that  consistent  effort  towards  a 
definite  goal  that  is  found  in  permanent  and  well  established 
administrative  bodies  and  in  all  successful  private  enter- 
prises.    It  legislates  at  random. 

Despite  the  constantly  changing  conditions  that  dictate 
the  nature  of  the  Legislature,  a  certain  inertia,  an  unwilling- 
ness to  depart  from  precedent,  is  apparent.  The  Legisla- 
ture lacks  initiative.  It  is  not  easy  for  it  to  change  its 
policy.  The  older  functions  are  only  handed  over  to  boards 
and  commissions  by  degrees.  Gradually  old  forms  are  dis- 
integrated and  new  ones  are  substituted.  When  new  func- 
tions are  thrust  forward,  however,  they  are  usually  com- 
mitted to  strongly  centralized  authorities.  It  is  the  change 
from  one  method  to  another  that  appears  most  difficult. 

Whenever  the  Legislature  has  created  competent  admin- 
istrative authorities,  it  has  done  so  only  in  compliance  with 
a  general  popular  demand  or  specific  requests  of  State 
officers.  The  constant  prayer  of  the  Governors  and  the 
heads  of  departments  and  of  subordinate  officers  has  been 
for  more  authority.  The  annual  reports  of  the  State  officers 
reveal  the  helplessness  of  administrative  officers  only  par- 

>  Vid.  supra,  pp.  65,  66,  119. 


176  ADMINISTRATION  IN  OHIO  [^45 

tially  endowed  with  power.  So  manifest  has  been  this  need 
in  educational  work  that  private  initiative  has  been  invoked 
to  do  what  has  been  left  undone  through  the  inertia  of  the 
Legislature.^  There  has  been  a  well  recognized  necessity 
for  such  centralization  as  has  been  effected. 

Being  thus  based  upon  real  needs,  the  results  of  such 
centralization  as  have  been  made  possible  by  legislative 
enactments  have  been  uniformly  beneficial.  In  no  sphere 
of  action  in  which  centralization  has  been  attempted  has  the 
Legislature  diminished  the  authority  it  granted  because  of 
unsatisfactory  results.  There  have  been  instances  of  re- 
lapse when  the  powers  of  officers  were  revoked,  but  these 
have  been  due  to  political  influences. 

From  its  extreme  position  of  administrative  omnipotence 
the  Legislature  has  been  slow  to  recede.  The  history  out- 
lined in  this  paper  reveals  a  gradual  but  steady  transfer  of 
power  from  the  Legislature  to  administrative  officers,  a 
tendency  toward  centralizing  in  a  responsible  administrative 
body.  This  tendency  to  grant  all  the  power  necessary  to 
competent  administration  has  been  much  accelerated  in  re- 
cent years.  In  the  past  fifteen  years  in  particular  a  large 
measure  of  State  authority  over  matters  formerly  attended 
to  by  localities  has  been  developed.  The  boards  of  more 
recent  creation  have  the  greatest  power. ^  This  evolution 
of  the  Ohio  administrative  authority  displays  three  distinct 
steps  in  its  development. 

I.  At  first  administrative  matters  were  left  almost  entirely 
to  localities.  Legislative  provisions  remained  optional; 
they  were  therefore  practically  disregarded.  Complete  de- 
centralization existed. 

*  Vid.  supra,  p.  48. 

»  Cf.  State  Fire  Marshal,  supra,  p.  127,  and  State  Board  of  Health,  supra,  p. 
131,  with  Commissioner  of  Schools,  supra,  p.  48,  and  Board  of  State  Charities, 
tupra,^.  113. 


547]  CONCLUSION  lyy 

2.  Then  were  created  commissions  and  boards,  with 
power  to  recommend  and  to  guide  such  locahties  as  cared 
to  follow  their  sug-gestions  into  better  administrative 
methods.  This  is  optional  centralization,  and  nearly  all  the 
Ohio  boards  are  now  in  this  stage. 

3.  A  gradual  increase  of  power  has  made  of  certain  boards 
strongly  centralized  administrative  bodies.  The  Board  of 
Health  is  an  illustration  of  this  stage.  When  such  an  in- 
crease of  power  is  granted  the  influence  of  the  administrative 
authorities  over  the  Legislature  is  proportionately  increased, 
and  the  suggestions  made  are  more  potent. 

The  tendency  in  Ohio  is  toward  this  stage  of  mandatory 
centralization. 

And  finally  this  study  suggests  the  power  of  an  administra- 
tive board,  even  though  endowed  with  little  legal  authority. 
The  moral  force  of  the  Board  of  State  Charities  extends  to 
the  remotest  details  of  its  work.  The  things  accomplished  by 
the  first  superintendent  of  schools  and  by  several  of  the  subse- 
quent commissioners  suggest  the  same  conclusion.  The  per- 
sonal energy  and  ability  of  the  administrative  officers  can  to 
some  degree  offset  the  lack  of  legal  authority.  This  of  course 
cannot  apply  to  all  administrative  functions,  particularly 
those  in  which  a  great  amount  of  police  power  is  essential, 
and  yet  the  creation  of  public  sentiment  will  even  in  such 
cases  do  much  toward  bringing  about  the  desired  results. 
And  conversely,  great  legal  powers,  not  backed  by  public 
sentiment,  will  accomplish  little. 


VITA 

The  writer  of  this  dissertation  was  graduated  from  Ober- 
lin  College  in  1896,  with  the  degree  B.  S.  The  following 
year  he  spent  in  the  study  of  jurisprudence  and  economics 
in  the  University  of  Michigan.  In  1897  he  was  appointed 
to  the  chair  of  Natural  Science  and  Political  Economy  in 
Buchtel  College.  This  position  he  occupied  five  years,  and 
in  1902  received  an  appointment  as  University  Fellow  in 
Administration  in  Columbia  University. 

During  his  year's  residence  in  Columbia  University  the 
writer  pursued,  as  major  study,  Administrative  Law,  and 
as  minors,  Constitutional  Law  and  American  and  European 
History,  attending  lectures  by  Prof.  F.  J.  Goodnow,  Prof. 
J.  W.  Burgess  and  Prof.  J.  B.  Moore. 

While  an  undergraduate  the  writer  won  two  prizes  for 
theses,  one  upon  the  subject  "  Some  Suggestions  for  Im- 
proving the  Conditions  of  the  Laborer,"  and  the  other  upon 
"  German  Unification." 

His  work  as  a  teacher  included  courses  in  Economic 
History,  Political  Economy,  Railroad  Transportation,  Tax- 
ation, Introduction  to  Sociology,  Political  Science.  In  1898 
he  prepared  a  monograph  upon  "Akron,  Ohio;  a  Study  in 
Commercial  Geography,"  and  in  1902  an  article  on  "  The 
Municipal  Situation  in  Ohio,"  published  in  the  June 
"  Forum  "  of  that  year. 

During  his  residence  in  Akron  the  writer  prepared  and 

delivered  two  series  of  university  extension  lectures,  one 

series  upon  "  Our  Industrial  Evolution,"  and  the  other  on 

"  Some  Pressing  Economic  Problems."     He  also  delivered 

179 


i8o 


VITA 


2l  series  of  lectures  upon  economic  subjects,  pertaining  espe- 
cially to  agriculture,  before  the  Portage  Horticultural  So- 
ciety ;  these  are  published  in  the  records  of  that  society. 

The  author  has  done  some  work  in  natural  science  as 
botanist  of  the  Cook  Arctic  Expedition,  and  in  1899  he  made 
an  extended  study  of  the  oil  and  gas  resources  of  eastern 
Ohio. 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


UNn 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.00  ON  THE  SEVENTH  DAY 
OVERDUE. 


Mi  AY      1  f\  1Q0O 

MAY    lu  laoy 

OCr  20  tW5 

SeiTONfU. 

MAR  0  '^  m94 

^ 

riMii  /  J  I3JT 

U.  C.  BERKELEY 

LD  21-95to-7.'37 

/ 


